Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nwaforjeffu v Minister for Immigration & Multicultural Affairs [2001] FCA 1687 PETER OBIORA NWAFORJEFFU v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N621 of 2001
LEE, MOORE & MADGWICK JJ 30 NOVEMBER 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N621 of 2001
ON APPEAL FROM A SINGLE JUDGE OF THE
FEDERAL COURT OF AUSTRALIA
BETWEEN: PETER OBIORA NWAFORJEFFU
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: LEE, MOORE & MADGWICK JJ
DATE OF ORDER: 30 NOVEMBER 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N621 of 2001
ON APPEAL FROM A SINGLE JUDGE OF THE
FEDERAL COURT OF AUSTRALIA
BETWEEN: PETER OBIORA NWAFORJEFFU
APPELLANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: LEE, MOORE & MADGWICK JJ
DATE: 30 NOVEMBER 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT
THE COURT: 1 This is an appeal from a judgment of Wilcox J, given on 16 May 2001, whereby his Honour dismissed with costs the appellant's application for judicial review of an adverse decision of the Refugee Review Tribunal ("the Tribunal").
Background 2 The appellant is a citizen of Nigeria. He arrived in Australia on 13 October 2000 and three days later lodged an application for a Protection (Class XA) Visa. Whether the appellant could be granted such a visa depended upon his satisfying the relevant decision-maker that he is a person to whom Australia has protection obligations under the 1951 Convention relating to the Status of Refugee as amended by the 1967 Protocol relating to the Status of Refugees. 3 The appellant arrived in Australia on a false passport in which was indorsed a tourist visa. He was detained on arrival at Sydney Airport and questioned about the validity of that visa. He first told an officer of the respondent Minister's Department that he was the
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