Barnes v Minister for Immigration & Multicultural Affairs [2001] FCA 1088

FEDERAL COURT OF AUSTRALIA

Barnes v Minister for Immigration & Multicultural Affairs [2001] FCA 1088

ADRIAN RANENDRA BARNES v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

V 459 of 1999

RYAN J

10 AUGUST 2001

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 459 of 1999

BETWEEN: ADRIAN RANENDRA BARNES

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: RYAN J

DATE OF ORDER: 10 AUGUST 2001

WHERE MADE: MELBOURNE

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

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 459 of 1999

BETWEEN: ADRIAN RANENDRA BARNES

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: RYAN J

DATE: 10 AUGUST 2001

PLACE: MELBOURNE

REASONS FOR JUDGMENT

Introduction 1 The applicant, Adrian Ranendra Barnes, appeals against a ruling made by the Refugee Review Tribunal ("the Tribunal"), affirming the refusal by a delegate of the respondent Minister of the applicant's application for a Protection Visa under s 36 of the Migration Act 1958 (Cth) ("the Act"). The applicant advances two grounds of appeal. First, it is contended that the Tribunal failed to observe procedures that were required by the Act or the Regulations in that it failed to make findings of material fact as required by s 430(1)(c) of the Act. Secondly, it is said that the Tribunal's decision involved an error of law of a kind specified in s 476(1)(e) of the Act "in conjunction with s 420(2)(b) in that the [Tribunal] incorrectly interpreted and applied the applicable law".