Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NABT of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 359 NABT OF 2002 V MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N368 of 2002
MADGWICK, EMMETT & CONTI JJ 6 NOVEMBER 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N368 of 2002
BETWEEN: NABT OF 2002
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MADGWICK, EMMETT AND CONTI JJ
DATE OF ORDER: 6 NOVEMBER 2002
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The applications for the proceedings to be adjourned are refused.
2. The appeal is dismissed with 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 N368 of 2002
BETWEEN: NABT OF 2002
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MADGWICK, EMMETT AND CONTI JJ
DATE: 6 NOVEMBER 2002
PLACE: SYDNEY
REASONS FOR JUDGMENT (revised from transcript) MADGWICK J: 1 This is an appeal against a judgment of Hely J given on 11 April 2002. In the proceedings before the learned primary judge the appellant sought judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") made on 11 December 2001 and handed down on 9 January 2002. By that decision, the Tribunal affirmed a decision of a delegate of the respondent Minister which had been made on 5 May 1999 which rejected the appellant's application for a protection visa. The appellant had arrived in Australia on 20 February 1999 and applied for such a visa on 17 March 1999. 2 The appellant is a citizen of Bangladesh. He claims that he is a former office-holder with the Jatio Party ("JP"). He claims he was involved with the JP since the 1980s and that after a time he was appointed Vice President of that party's local branch where he lived. His claim is that he was persecuted by "thugs" supporting a rival political party, the Awami League ("AL"). Among other things, he claims that he was attacked by such people on two occasions, once in 1990 and once in 1998. As the Tribunal Member put it: "The applicant summed up his claims stating that if he returned home AL 'goons' would kill him due to AL's control of the authorities. He cited the
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate