Dan, Adrian v Minster for Immigration & Multicultural Affairs [1998] FCA 20

FEDERAL COURT OF AUSTRALIA IMMIGRATION - refugee status - protection visa - refusal - application for judicial review - whether any permissible ground for review - ship's deserter from Romania - relevance of Romanian Penal Code - whether Tribunal failed to take certain Articles of the Romanian Penal Code into account - whether Tribunal failed to observe procedures - whether substantial justice accorded. Migration Act 1958 (Cth), ss 5, 31, 36, 45, 65, 420(2)(b), 466(3)(e), 476, 476(1)(a), 476(1)(d) Migration Regulations, regs 2.03, 2.04, 2.05 Romanian Penal Code, Articles 251 and 253 Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1996) 169 CLR 379 referred to Commissioner of Taxation v Brixius (1987) 16 FCR 359 followed Eshetu v Minister for Immigration and Multicultural Affairs (1997) 145 ALR 621 referred to Minister for Immigration and Ethnic Affairs v Respondent A (1995) 57 FCR 309 referred to Sloan v Minister for Immigration, Local Government and Ethnic Affairs (1992) 37 FCR 429 followed ADRIAN DAN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS WAG 62 of 1997 r d nicholson j perth 23 January 1998

GENERAL DISTRIBUTION IN THE FEDERAL COURT OF AUSTRALIA

wESTERN aUSTRALIAN DISTRICT REGISTRY WAG 62 of 1997

BETWEEN: ADRIAN DAN

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: r d nicholson j

DATE: 23 JANUARY 1998

PLACE: perth

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

GENERAL DISTRIBUTION IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIAN DISTRICT REGISTRY WAG 62 of 1997

BETWEEN: ADRIAN DAN

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS