Federal Court of Australia
FEDERAL COURT OF AUSTRALIA MIGRATION – Migration Act 1958 (Cth) – application to review decision of Refugee Review Tribunal ("the RRT") to refuse protection visa – whether decision ought to be set aside on the basis of alleged problems with interpreter at the hearing before the RRT – whether the RRT acted according to substantial justice and merits of the case Migration Act 1958 (Cth) ss 36(2), 420, 476(1)(a), 476(2)(a) Eshetu v Minister for Immigration and Multicultural Affairs (1997) 71 FCR 300, considered MD SAZZAD ALAM KHAN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 609 of 1998 BRANSON J
SYDNEY 17 DECEMBER 1998
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 609 of 1998
BETWEEN: Md Sazzad Alam Khan
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE(S): BRANSON J
DATE OF ORDER: 17 december 1998
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal be affirmed. 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 NG 609 of 1998
BETWEEN: Md Sazzad Alam Khan
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE(S): BRANSON J
DATE: 17 december 1998
PLACE: SYDNEY
REASONS FOR JUDGMENT
INTRODUCTION By an application dated 22 June 1998 the applicant has sought review of a decision of the Refugee Review Tribunal ("the RRT"), dated 25 May 1998 by which the RRT affirmed a decision of a delegate of the Minister to refuse to grant to the applicant a protection visa. Section 36(2) of the Migration Act 1958 (Cth) ("the Act") provides for a class of visa known as protection visas. The applicant is entitled to a protection visa if the relevant decision-maker is satisfied the applicant is a person to whom Australia has protection obligations under the 1951 Convention relating to the Status of Refugees as amended by the 1967 Protocol relating to the Status of Refugees ("the Refugees Convention"). Australia has protection obligations to any person who: "owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country ...". (Article 1A(2) of the Refugees Convention)
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