Okwoli v Minister for Immigration & Multicultural Affairs [2001] FCA 846

Okwoli v Minister for Immigration & Multicultural Affairs [2001] FCA 846

The application was dismissed because neither the application nor the applicant's oral statements established any reviewable error in the Refugee Review Tribunal's decision. The Tribunal applied the correct test for effective and meaningful State protection, had material on which it could find Nigerian authorities...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
21 June 2001
Procedural Posture
Migration Application for a Protection Visa; Review of Decision of Refugee Review Tribunal / Application for an Order of Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'reviewable Error' 'convention Reason' 'state Protection' 'internal Relocation' 'nigeria' 'ibo Ethnic Group' 'yoruba Peoples Congress']
['migration Law' 'administrative Law' 'refugee Law'] ['protection Visa' 'refugee Review Tribunal' 'reviewable Error' 'convention Reason' 'state Protection' 'internal Relocation' 'nigeria' 'ibo Ethnic Group' 'yoruba Peoples Congress']

Source-derived case record

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Procedural Posture

Migration Application for a Protection Visa; Review of Decision of Refugee Review Tribunal / Application for an Order of Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa

Legal Issues

  1. 1 ['Whether the Refugee Review Tribunal decision was infected by reviewable error.' 'Whether harm feared by the applicant would be directed at him for a Convention reason.' 'Whether the applicant could obtain effective protection from Nigerian authorities against harm by the OPC.' 'Whether it was reasonable for the applicant to relocate elsewhere in Nigeria, including Anambra State.' 'Whether generalised inter-ethnic conflict in Nigeria gave rise to a well-founded fear of persecution.']

Ratio Decidendi

The application was dismissed because neither the application nor the applicant's oral statements established any reviewable error in the Refugee Review Tribunal's decision. The Tribunal applied the correct test for effective and meaningful State protection, had material on which it could find Nigerian authorities able and willing to provide reasonable protection against OPC violence, was entitled to find relocation within Nigeria reasonable, and did not err in concluding the applicant failed to satisfy s 36(2) of the Migration Act 1958 (Cth).

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed with costs.']