Labara v Minister for Immigration & Multicultural Affairs [2001] FCA 652

Labara v Minister for Immigration & Multicultural Affairs [2001] FCA 652

The Tribunal was entitled to rely on independent country information and did not err in failing to be satisfied that Ukrainian authorities were unwilling or unable to protect the applicants from religiously motivated harm; no jurisdictional error or error of law was established under s 476(1).

Parties
Applicant: Gennadiy Labara; Applicant: Marina Bilousova; Respondent: Minister for Immigration and Multicultural Affairs
Jurisdiction
Australia
Judgment Date
09 April 2001
Procedural Posture
Judicial Review / Final Judgment
Outcome
application dismissed
Legal Topics
Protection Visas, Refugee Status, Judicial Review of Tribunal Decision
Migration Law Administrative Law Protection Visas Refugee Status Judicial Review of Tribunal Decision

Case Brief

Summary, issues, holding and outcome

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Parties

Gennadiy Labara

Applicant

Marina Bilousova

Applicant

Minister for Immigration and Multicultural Affairs

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Refugee Review Tribunal erred in affirming refusal of protection visas
  2. 2 Whether there was evidence or material to justify the Tribunal's decision regarding Ukraine's willingness or ability to protect against religious persecution
  3. 3 Application of s 476(1)(g) Migration Act 1958

Ratio Decidendi

The Tribunal was entitled to rely on independent country information and did not err in failing to be satisfied that Ukrainian authorities were unwilling or unable to protect the applicants from religiously motivated harm; no jurisdictional error or error of law was established under s 476(1).

Court Disposition

application dismissed

Orders

  • The application be dismissed.
  • The applicants, Gennadiy Labara and Marina Bilousova, pay the costs of the respondent, Minister for Immigration and Multicultural Affairs.