Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 646 of 1998
BETWEEN: HAGOP TANIOS KARAKALBAKIAN
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: LINDGREN J
DATE OF ORDER: 8 december 1998
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs. 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 646 of 1998
BETWEEN: HAGOP TANIOS KARAKALBAKIAN
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: LINDGREN J
DATE: 8 december 1998
PLACE: SYDNEY
REASONS FOR JUDGMENT (ex tempore)
INTRODUCTION The applicant applies under s 476 (1) of the Migration Act (1958) (Cth) ("the Act") for review of a decision of the Refugee Review Tribunal ("the RRT") dated 3 June 1998 affirming a decision of a delegate of the respondent ("the Minister") not to grant him a protection visa. Section 30 (6) of the Act provides that a criterion for the grant of a protection visa is that the applicant be a non-citizen in Australia to whom Australia has protection obligations under the Convention Relating to the Status of Refugees done at Geneva on 28 July 1951 as amended by the Protocol Relating to the Status of Refugees done at New York on 31 January 1967 (compendiously, "the Convention"). Article 1A (2) of the Convention provides that a refugee is any person who: "owing to 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; or who, not having a nationality and being outside the country of his former habitual residence, is unable or, owing to such fear, is unwilling to return to it." The applicant's case is that he is outside the country of his nationality, Lebanon, and is unwilling to return to it because of a well-founded fear of being persecuted for reasons of actual or imputed political opinion.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate