NAAK v Minister for Immigration & Multicultural Affairs [2002] FCAFC 160

FEDERAL COURT OF AUSTRALIA

NAAK v Minister for Immigration & Multicultural Affairs [2002] FCAFC 160

NAAK v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 12 OF 2002 HEEREY, LINDGREN AND MERKEL JJ 30 MAY 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 12 OF 2002

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: NAAK

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: HEEREY, LINDGREN AND MERKEL JJ

DATE OF ORDER: 30 MAY 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appellant have leave to file in Court, and to rely upon, an amended notice of appeal. 2. The appeal be dismissed. 3. 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

NEW SOUTH WALES DISTRICT REGISTRY N 12 OF 2002

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: NAAK

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: HEEREY, LINDGREN AND MERKEL JJ

DATE: 30 MAY 2002

PLACE: SYDNEY

REASONS FOR JUDGMENT THE COURT

INTRODUCTION 1 The appellant appeals from a decision of a Judge of the Court dismissing with costs his application for review of the decision of the Refugee Review Tribunal ("the Tribunal"). The Tribunal had dismissed his application for review of a decision of a delegate of the respondent, the Minister for Immigration & Multicultural Affairs, ("the Delegate" and "the Minister" respectively) by which the Tribunal affirmed the Delegate's decision not to grant the appellant a protection visa. The appellant was born in Vladivostok and is a citizen of the Russian Federation. His claim was that he had a well-founded fear of persecution in Russia because he is Jewish.