Promise Dike v Minister for Immigration & Multicultural Affairs [2001] FCA 1029

FEDERAL COURT OF AUSTRALIA

Promise Dike v Minister for Immigration & Multicultural Affairs [2001] FCA 1029

MIGRATION – protection visa – review of decision of Refugee Review Tribunal refusing visa – applicant a citizen of Nigeria – whether jurisdictional error – whether failure to consider relevant material – whether Tribunal failed to review the decision as required by s 414 – whether Tribunal failed to comply with s 415 – whether Tribunal erred in law in its consideration of whether the applicant could relocate within Nigeria – whether no evidence to justify Tribunal's decision – Tribunal's approach to assessing applicant's credibility Migration Act 1958, s 36, ss 54, 57, 414, 415, 476(1)

Migration Regulations 1994, Schedule 2, clause 866.221 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 discussed Craig v State of South Australia (1995) 184 CLR 163 discussed Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 discussed Nagarajah v Minister for Immigration & Multicultural Affairs [2000] FCA 1003 referred Re Minister for Immigration & Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407 discussed Minister for Immigration & Multicultural Affairs v Singh (2000) 98 FCR 469 referred Li Shi Ping v Minister for Immigration, Local Government and Ethnic Affairs (1994) 35 ALD 225 referred Minister for Immigration & Multicultural Affairs v Anthonypillai [2001] FCA 274 referred Cabal v Minister for Immigration & Multicultural Affairs [2001] FCA 546 referred Singh v Minister for Immigration & Multicultural Affairs [2001] FCA 389 referred Minister for Immigration and Multicultural Affairs v Cho (1999) 92 FCR 315 referred Pasini v Boland (1999) 92 FCR 438 at 448 referred Thanh Phat Ma v Billings (1996) 71 FCR 431 referred Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 referred Minister for Immigration & Multicultural Affairs v Rajamanikkam (2000) 179 ALR 495 discussed Ismail v Minister for Immigration & Multicultural Affairs (1999) 59 ALD 773 referred Abebe v Commonwealth (1999) 197 CLR 510 referred Curragh Queensland Mining Limited v Daniel (1992) 34 FCR 212 referred Pun Choi v Minister for Immigration and Multicultural Affairs [2001] FCA 555 referred Nick Dike v Minister for Immigration and Multicultural Affairs [2001] FCA 1030 referred Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 referred Minister for Immigration and Multicultural Affairs v Rajalingam (1993) 93 FCR 220 referred Kopalapillai v Minister for Immigration and Multicultural Affairs (1998) 86 FCR 547 referred Selvadurai v Minister for Immigration and Ethnic Affairs (1994) 34 ALD 347 referred PROMISE DIKE v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 273 of 1999 KENNY J 1 AUGUST 2001 MELBOURNE