Joam v Minister for Immigration and Multicultural Affairs [2001] FCA 1125

FEDERAL COURT OF AUSTRALIA

Joam v Minister for Immigration and Multicultural Affairs [2001] FCA 1125

ALEX JOHN JOAM v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 192 of 2001 CARR J 15 AUGUST 2001 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 192 OF 2001

BETWEEN: ALEX JOHN JOAM

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: CARR J

DATE OF ORDER: 15 AUGUST 2001

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant 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

WESTERN AUSTRALIA DISTRICT REGISTRY W 192 OF 2001

BETWEEN: ALEX JOHN JOAM

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: CARR J

DATE: 15 AUGUST 2001

PLACE: PERTH

REASONS FOR JUDGMENT

introduction 1 This is an application for an order of review of a decision of the Refugee Review Tribunal, made on 11 May 2001, by which the Tribunal affirmed the decision of a delegate of the respondent not to grant a protection visa to the applicant. The applicant, who claims to be a citizen of Angola, arrived in Australia on 13 May 2000 as a stowaway on a ship which berthed at Geelong. The applicant claimed to have gained access to the ship in Mombasa, Kenya by climbing up a rope. The applicant had been on the ship as a stowaway for just over a month. On 19 June 2000 the applicant lodged an application for a protection visa with the Department of Immigration and Multicultural Affairs. On 15 February 2001 a delegate of the respondent refused to grant him a protection visa. On 19 February 2001 the applicant sought review of the delegate's decision by the Tribunal.