Federal Court of Australia
CATCHWORDS
IMMIGRATION - review of a decision of a delegate of the Minister to adopt recommendation of the Refugee Status Review Committee - determination that the applicant did not have refugee status and refusal to grant Domestic Protection (Temporary) Entry Permit under reg.117A of the Migration Regulations - whether denial of procedural fairness - whether Fijian of Indian descent has a well-founded fear of being persecuted for reasons of race or political opinion - whether a refugee. PROCEDURE - whether further ground not mentioned in application or notice of appeal can be raised on appeal.
Administrative Decisions (Judicial Review) Act 1977 Migration Regulations reg.117A United Nations Convention on the Status of Refugees 1951 United Nations Protocol on the Status of Refugees 1967 DAMODARA NAIDU v MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS and MALCOLM PATTERSON VG 152 of 1995 Black CJ, Foster J and Sackville J Melbourne 11 October 1995
IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIAN DISTRICT REGISTRY ) VG 152 of 1995 GENERAL DIVISION ) BETWEEN: DAMODARA NAIDU Appellant
AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS First respondent
AND: MALCOLM PATTERSON Second respondent CORAM: Black CJ, Foster J and Sackville J. PLACE OF HEARING: Melbourne DATE: 11 October 1995
MINUTES OF ORDER
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules
IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIAN DISTRICT REGISTRY ) VG 152 of 1995 GENERAL DIVISION ) BETWEEN: DAMODARA NAIDU Appellant
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