Nick Dike v Minister for Immigration & Multicultural Affairs [2001] FCA 1030

FEDERAL COURT OF AUSTRALIA

Nick Dike v Minister for Immigration & Multicultural Affairs [2001] FCA 1030

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 the 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 Re Minister for Immigration & Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407 referred 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 Promise Dike v Minister for Immigration and Multicultural Affairs [2001] FCA 1029 referred NICK DIKE v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V274 of 1999 KENNY J 1 AUGUST 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 274 OF 1999

BETWEEN: NICK DIKE

Applicant

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: KENNY J

DATE OF ORDER: 1 AUGUST 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.