Kakaponi v Minister for Immigration and Multicultural Affairs [2001] FCA 1184

FEDERAL COURT OF AUSTRALIA

Kakaponi v Minister for Immigration and Multicultural Affairs [2001] FCA 1184

MIGRATION - judicial review of Refugee Review Tribunal's refusal of protection visa - whether applicant fell within the definition of a "refugee" - applicant a citizen of Papua New Guinea from Bougainville - applicant previously held student visa - whether applicant identifiable as a supporter of the Bougainville Revolutionary Army (BRA) - whether genuine fear of persecution - whether real chance of harm in Bougainville or Port Moresby "payback" killings - Tribunal made adverse findings about the applicant's credibility - evidence accepted by Tribunal - Court cannot review errors in fact - whether any error of law on Tribunal's part Statutes Migration Act 1958 (Cth) s 476 Cases Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 Referred To Minister for Immigration and Multicultural Affairs v Wu Shan Liang (1996) 185 CLR 259 Referred to Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1Cited

RAYMOND MARTIN KAKAPONI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS and REFUGEE REVIEW TRIBUNAL

Q147 of 2000

KIEFEL J

BRISBANE

27 AUGUST 2001

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 147 OF 2000

ON APPEAL FROM A DECISION OF THE REFUGEE REVIEW TRIBUNAL

BETWEEN: RAYMOND MARTIN KAKAPONI

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: KIEFEL J

DATE OF ORDER: 27 AUGUST 2001

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The application is 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.