Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
WADH of 2001 v Minister for Immigration & Multicultural Affairs [2002] FCAFC 159 APPLICANT WADH OF 2001 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 585 of 2001 WHITLAM, NORTH & STONE JJ 31 MAY 2002 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 585 OF 2001
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: APPLICANT WADH OF 2001
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: WHITLAM, NORTH & STONE JJ
DATE OF ORDER: 31 MAY 2002
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 585 OF 2001
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: APPLICANT WADH OF 2001
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: WHITLAM, NORTH & STONE JJ
DATE: 31 MAY 2002
PLACE: PERTH
REASONS FOR JUDGMENT THE COURT: 1 This is an appeal from a decision made on 13 December 2001 by a judge of this Court dismissing an application to review the decision of the Refugee Review Tribunal ("Tribunal") which affirmed a decision of a delegate of the respondent, the Minister for Immigration and Multicultural Affairs ("the Minister") not to grant the appellant a protection visa.
Background 2 The appellant, who claimed to be a citizen of Afghanistan, arrived in Australia on 1 March 2001. On 3 April 2001 he applied for a protection visa under the Migration Act 1958 (Cth) ("the Act") which was refused by a delegate of the Minister on 7 June 2001. 3 On 8 June 2001 the appellant applied to the Tribunal for a review of that decision. The Tribunal affirmed the decision not to grant a protection visa to the appellant on 27 August 2001. The appellant was notified of the Tribunal's decision by letter dated 28 August 2001. On 7 September 2001 the appellant lodged an application for an order for review with this Court.
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