Domingo v Minister for Immigration & Multicultural Affairs [2001] FCA 1403

FEDERAL COURT OF AUSTRALIA

Domingo v Minister for Immigration & Multicultural Affairs

[2001] FCA 1403

JOHN DOMINEK DOMINGO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W61 of 2001 HILL, O'LOUGHLIN and CARR JJ 21 AUGUST 2001 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 61 OF 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: JOHN DOMINEK DOMINGO

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGES: HILL, O'LOUGHLIN & CARR JJ

DATE OF ORDER: 21 AUGUST 2001

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The appeal is dismissed. 2. The appellant pay the respondent's costs of the appeal. 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 61 of 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: JOHN DOMINEK DOMINGO

Appellant

AND: MINISTER FOR IMMIGRATION AND

MULTICULTURAL AFFAIRS

Respondent

JUDGES: HILL, O'LOUGHLIN & CARR JJ

DATE: 21 AUGUST 2001

PLACE: PERTH

REASONS FOR JUDGMENT

CARR J:

introduction 1 This is an appeal from a judgment of a judge of this Court, given on 20 February 2001, dismissing the appellant's application for an order of review of a decision of the Refugee Review Tribunal. On 15 May 2000 the Tribunal had affirmed a decision by a delegate of the respondent not to grant a protection visa to the appellant. The appellant is now about 28 years of age and is a national of Angola. He arrived in Australia on 4 September 1999 as a stowaway. Since his arrival he has been held in a detention centre. He applied for the grant of a protection visa on 14 September 1999. On 8 February 2000 a delegate of the Minister determined that the visa not be granted.