Federal Court of Australia
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JUDGMENT No. -ssseesesssssoeelssssserseee
IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NG 789 of 1995 ) GENERAL DIVISION ) BETWEEN : JOO SONG TAN Applicant AND: MINISTER FOR IMMIGRATION, LOCAL GOVERNMENT & ETHNIC AFFAIRS Respondent
CORAM: LOCKHART J PLACE: SYDNEY DATED: 6 MARCH 1997 REASONS FOR JUDGMENT LOCKHART J.
This is an application for a review of a decision of the Refugee Review Tribunal given on 19 September 1995 to the effect that the applicant, Mr Joo Song Tan, is not entitled to protection as a refugee under the Migration Act 1958 and affirmed the delegate's decision to refuse to grant a
protection visa.
The applicant represents himself today, he does not have any lawyers with him but he has in the past in relation to this matter engaged the services of at least two solicitors,
each of whom has on different occasions filed a notice of
ceasing to act.
In the course of the retainer of the solicitors the application for review was filed, as were two affidavits of the applicant which are on the Court file and which I have read. The applicant has, however, had available to him today the services of an interpreter, a Mr Cui, who has translated the proceedings from the English language into the Mandarin language and the Mandarin language into the English language. Certain of that material consisted of the evidence of Mr Tan.
Mr Tan was briefly cross-examined by counsel for the Minister.
It is always very difficult when parties appear in person who are not conversant with the English language; but I have
done the best I can with all the material before me.
I am satisfied that with the assistance of Mr Cui, the interpreter, the applicant has understood the substance of what has occurred this morning. And, of course, as I said, the Court has the benefit of two affidavits of the applicant, which are quite extensive. The issues in the proceeding are set out in a document headed Summary of Issues in Amended Application for an Order of Review, and that is a document filed on 7 June 1996 by the solicitors then acting for the applicant, who were the second solicitors retained by him in
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