Vasilevichous, Richardas v Minister for Immigration & Multicultural Affairs [1998] FCA 1601

N THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No NG 1019 of 1998

BETWEEN: RICHARDAS VASILEVICHOUS

Applicant

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Respondent

judge: katz j

dATE OF ORDER: 9 DECEMBER 1998

where made: SYDNEY

MINUTES OF ORDER

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the proceedings. 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 No NG 1019 of 1998

BETWEEN: RICHARDAS VASILEVICHOUS

Applicant

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Respondent

JUDGE: katz j

DATE OF ORDER: 9 DECEMBER 1998

WHERE MADE: SYDNEY

REASONS FOR JUDGMENT Section 486 of the Migration Act 1958 (Cth) confers on this Court jurisdiction with respect to "judicially-reviewable decisions". One type of judicially reviewable decision is a decision of the Refugee Review Tribunal. (That appears from par 475(1)(b) of the Act.) Mr Richardas Vasilevichous, the applicant, has filed an application for a review by this Court of a decision of the Refugee Review Tribunal. The decision of the Tribunal was one made on 4 September 1998. That decision was the consequence of an application by the applicant to the Tribunal made on 3 April 1998. The Tribunal affirmed an earlier decision made by a delegate of the Minister. That decision by the delegate was made on 25 March 1998 and refused an application which had been made by the applicant for a protection visa. That application had been made on 16 February 1998. The topic of protection visas is dealt with in s 36 of the Act. Section 36 provides for a class of visas to be known as protection visas and provides further that a criterion for such a visa is