M190 v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 730

FEDERAL COURT OF AUSTRALIA

M190 v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 730

APPLICANT M190/2003 -v- MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and REFUGEE REVIEW TRIBUNAL

VID 1026 of 2005

RYAN J

13 JUNE 2006

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1026 of 2005

On appeal from the Federal Magistrates Court of Australia

BETWEEN: APPLICANT M190/2003

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: RYAN J

DATE OF ORDER: 13 JUNE 2006

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the first respondent's 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 VID 1026 of 2005

On appeal from the Federal Magistrates Court of Australia

BETWEEN: APPLICANT M190/2003

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: RYAN J

DATE: 13 JUNE 2006

PLACE: MELBOURNE

REASONS FOR JUDGMENT 1 This is an appeal from orders of the Federal Magistrates Court of 10 August 2005 dismissing the appellant's application for review of a decision of the Refugee Review Tribunal ("the Tribunal") of 11 December 2002. By that decision, the Tribunal affirmed a decision of a delegate of the first respondent, the Minister for Immigration and Multicultural and Indigenous Affairs ("the Minister"), refusing to grant the appellant a protection visa. 2 The grounds on which the appellant relied before the learned Federal Magistrate were; '1. The respondent has erred jurisdictionally in failing to correctly interpret the Convention and Protocol in that