Applicant M115 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 98

FEDERAL COURT OF AUSTRALIA

Applicant M115 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 98

MIGRATION – application for extension of time – application for leave to appeal – protection visa – where no cause of action disclosed – applications dismissed. Federal Court Rules Muin v Refugee Review Tribunal; Lie v Refugee Review Tribunal (2002) 190 ALR 601 APPLICANT M115 OF 2003 V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 1141 OF 2003 BEAUMONT, WEINBERG & CRENNAN JJ 5 MAY 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 1141 OF 2003

APPLICATION FOR LEAVE TO APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: APPLICANT M115 OF 2003

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: BEAUMONT, WEINBERG & CRENNAN JJ

DATE OF ORDER: 5 MAY 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The applications for extension of time and for leave to appeal be refused. 2. The applicant 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

VICTORIA DISTRICT REGISTRY V 1141 OF 2003

APPLICATION FOR LEAVE TO APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: APPLICANT M115 OF 2003

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: BEAUMONT, WEINBERG & CRENNAN JJ

DATE: 5 MAY 2004

PLACE: MELBOURNE

REASONS FOR JUDGMENT

THE COURT:

Introduction 1 This is an application for leave to appeal, and for an extension of time to appeal, from a judgment of a single Judge of this Court. 2 The applicant, a Sri Lankan national, who arrived in Australia on 2 February 1995 for study purposes, applied for refugee status nearly eleven months after his arrival, when he could no longer afford to study. In his application for a protection visa, he relied on his fears of being persecuted by the Sri Lankan authorities because of his imputed support for the Janatha Vimukthi Peramuna ('the JVP') and the Liberation Tigers of Tamil Eelam ('the LTTE'), that is, claims said to fall under the 1951 Convention relating to the Status of Refugees ('the Convention') on grounds of political opinion. 3 The Minister's delegate refused the applicant's claim for protection. 4 The applicant sought review of that decision by the Refugee Review Tribunal ('the Tribunal'). By its decision dated 27 February 1997, the Tribunal found that it was not satisfied that the applicant was a refugee and affirmed the decision not to grant a protection visa.