FEDERAL COURT OF AUSTRALIA
Mpelo v Minister for Immigration & Multicultural Affairs [2000] FCA 608
SIMON LEGO MPELO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
N 235 OF 2000
LINDGREN J
8 MAY 2000
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 235 OF 2000
BETWEEN:
SIMON LEGO MPELO
APPLICANTAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENTJUDGE:
LINDGREN J
DATE OF ORDER:
8 MAY 2000
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The application be dismissed.
2.The applicant pay the respondent's costs.
3.Orders 1 and 2 not be entered prior to 30 May 2000.
4.The applicant have liberty to re-list the matter on 24 hours' notice prior to 30 May 2000 for the making of any further submissions on his behalf.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 235 OF 2000
BETWEEN:
SIMON LEGO MPELO
APPLICANTAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE:
LINDGREN J
DATE:
8 MAY 2000
PLACE:
SYDNEY
REASONS FOR JUDGMENT
(ex tempore)Introduction
The applicant ("Mr Mpelo") applies under s 476(1) of the Migration Act 1958 (Cth) ("the Act") for review of a decision of the Refugee Review Tribunal ("RRT") affirming a decision of a delegate ("the Delegate") of the respondent ("the Minister") not to grant him a protection visa.
Section 29 of the Act provides that subject to the Act the Minister may grant a non-citizen permission, to be known as a visa, to do one or both of the following:
(a) travel to and enter Australia;
(b) remain in Australia.Section 496 of the Act provides that the Minister may, by writing signed by him or her, delegate to a person any of the Minister's powers under the Act. It is not in dispute that the Minister delegated all relevant powers to the Delegate. Section 65 of the Act provides that after considering a valid application for a visa, the Minister, if satisfied of the matters specified in the section, is to grant the visa, or, if not so satisfied, is not to grant the visa. One of the matters specified in s 65 is that the criteria for the visa specified by the Act or the regulations have been satisfied.
Section 36 of the Act provides that a criterion for the grant of a protection visa is that the applicant for it is a non-citizen in Australia to whom Australia has protection obligations under the Convention Relating to the Status of Refugees done at Geneva on 28 July 1951 as "amended" by the Protocol Relating to the Status of Refugees done at New York on 31 January 1967 (compendiously, "the Convention").
Article 1A(2) of the Convention provides that a refugee is any person who:
“owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his…
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- Case
- [2000] FCA 608
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the application for judicial review had a reasonable basis and whether the RRT's reasons disclosed any grounds for review permitted by law. The court considered the lack of detailed grounds for the application and the absence of legal representation for Mr Mpelo at the hearing.
The court held that the application lacked a reasonable basis for review and that the RRT's reasons did not disclose any grounds for review. The judge noted that Mr Mpelo had not been able to make submissions in support of his application due to the lack of legal representation. The court was open to the possibility that a lawyer might identify a ground of review but concluded that, based on the information available, no such ground existed. The judge allowed Mr Mpelo three weeks to seek legal representation and relist the matter for further submissions.
The court dismissed the application for judicial review, ordered Mr Mpelo to pay the respondent's costs, and stayed the entry of the orders until 30 May 2000 to allow for potential re-listing and further submissions on behalf of Mr Mpelo.
Orders
Orders of the court
1. The application be dismissed.
2. The applicant pay the respondent's costs.
3. Orders 1 and 2 not be entered prior to 30 May 2000.
4. The applicant have liberty to re-list the matter on 24 hours' notice prior to 30 May 2000 for the making of any further submissions on his behalf.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: LINDGREN J
Full text does not contain this section.