NACC v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 242

FEDERAL COURT OF AUSTRALIA

NACC v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 242

Migration Act 1958 (Cth) ss 430, 476, 474 APPLICANT NACC OF 2001 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 252 OF 2002 SPENDER, MOORE & KIEFEL JJ 14 AUGUST 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 252 OF 2002

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: NACC

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: SPENDER, MOORE & KIEFEL JJ

DATE OF ORDER: 14 AUGUST 2002

WHERE MADE: SYDNEY

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

NEW SOUTH WALES DISTRICT REGISTRY N 252 OF 2002

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: NACC

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: SPENDER, MOORE & KIEFEL JJ

DATE: 14 AUGUST 2002

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an appeal from a decision of a Judge of this Court given on 12 March 2002, dismissing an application for review of a decision of the Refugee Review Tribunal ("the Tribunal") of 25 October 2001. The Tribunal affirmed a decision of a delegate of the Minister for Immigration and Multicultural Affairs ("the Minister") refusing to grant the appellant a protection visa under the Migration Act 1958 (Cth) ("the Act"). The criterion for the grant of such a visa is that the applicant is a person to whom Australia has protection obligations under the Convention Relating to the Status of Refugees of 28 July 1951 as amended by the Protocol Relating to the Status of Refugees of 31 January 1967 ("the Convention").