Raqio v Minister for Immigration & Multicultural Affairs [2000] FCA 237
The applicant did not have a well-founded fear of persecution for a Convention reason, and the grounds advanced were based on economic circumstances, not grounds recognised by the Refugees Convention. Therefore, the criteria for granting a protection visa under s 36(2) of the Migration Act 1958 were not satisfied, and the application must be dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 28 February 2000
- Procedural Posture
- Application for an Order of Review / Judgment at First Instance
- Outcome
- application dismissed
- Legal Topics
- ['protection Visa' 'refugee Status' 'judicial Review' 'well Founded Fear of Persecution' 'migration Act 1958 (cth), S 36(2)']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for an Order of Review / Judgment at First Instance
Legal Issues
- 1 ['Whether the applicant has a well-founded fear of persecution for a Convention reason' 'Whether the Tribunal failed to observe procedures required by the Migration Act 1958 or regulations' 'Whether the Tribunal failed to act in accordance with section 420 of the Migration Act 1958']
Ratio Decidendi
The applicant did not have a well-founded fear of persecution for a Convention reason, and the grounds advanced were based on economic circumstances, not grounds recognised by the Refugees Convention. Therefore, the criteria for granting a protection visa under s 36(2) of the Migration Act 1958 were not satisfied, and the application must be dismissed.
Court Disposition
application dismissed
Orders
- ['The application be dismissed.' "The applicant pay the respondent's costs."]
Full Case Text
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