Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Puerta v Minister for Immigration and Multicultural Affairs [2001] FCA 309
MIGRATION – Application for protection visa – application for review of decision of Refugee Review Tribunal – test for 'well founded fear of persecution' – relevance of the nature of the risk to the question of whether the fear is well founded Chan v Minister for Immigration and Ethnic Affairs (1990) 169 CLR 379 followed Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 followed
jULIO aBEL RUIZ PUeRTa and GUADALUPE DEL PILAr Marquez altura v minister for immigration and multicultural affairs N 1231 of 2000 MOORE, MATHEWS AND STONE JJ 29 MARCH 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY 1231 OF 2000
BETWEEN: JULIO ABEL RUIZ PUERTA AND GUADALUPE DEL PILAR MARQUEZ ALTURA
APPELLANTS
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGES: MOORE, MATHEWS AND STONE JJ
DATE OF ORDER: 29 MARCH 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal is dismissed. 2. The appellant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY 1231 OF 2000
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: JULIO ABEL RUIZ PUERTA AND GUADALUPE DEL PILAR MARQUEZ ALTURA
APPELLANTS
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGES: MOORE, MATHEWS AND STONE JJ
DATE: 29 MARCH 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT
THE COURT
Introduction 1 This is an appeal against the judgment of a judge of this Court of 2 November 2000 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") of 9 February 2000. The Tribunal affirmed a decision of a delegate of the Minister for Immigration and Multicultural Affairs ("the Minister") to refuse Mr Julio Abel Ruiz Puerta ("the appellant") and his de facto wife ("the wife") protection visas. The appellant arrived in Australia on 20 November 1997 and lodged an application for a protection visa on 7 January 1998 which was refused by the delegate on 7 April 1998.
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