Anver v Minister for Immigration & Multicultural Affairs [1999] FCA 1627

FEDERAL COURT OF AUSTRALIA

Anver v Minister for Immigration & Multicultural Affairs [1999] FCA 1627 OMAR LEBBE RAFEEDEEN MOH ANVER v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 643 of 1999 LINDGREN J 18 NOVEMBER 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 643 OF 1999

BETWEEN: OMAR LEBBE RAFEEDEEN MOH ANVER

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: LINDGREN J

DATE OF ORDER: 18 NOVEMBER 1999

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 N 643 OF 1999

BETWEEN: OMAR LEBBE RAFEEDEEN MOH ANVER

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: LINDGREN J

DATE: 18 NOVEMBER 1999

PLACE: SYDNEY

REASONS FOR JUDGMENT

Introduction 1 The applicant applies for review of a decision of the Refugee Review Tribunal ("the Tribunal") given on 31 May 1999 affirming a decision of a delegate of the respondent ("the Minister") not to grant a protection visa. 2 Section 36 of the Migration Act 1958 (Cth) ("the Act") makes it a criterion for the grant of such a visa that the Minister, or on review the Tribunal, is satisfied that the applicant is a person to whom Australia has protection obligations under the Convention Relating to the Status of Refugees done at Geneva on 28 July 1951as amended by the Protocol Relating to the Status of Refugees done at New York on 31 January 1967(compendiously, "the Convention"). 3 The Convention defines a refugee for its purposes as 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." 4 The applicant claims to have a well-founded fear of being persecuted for reasons of imputed political opinion, is outside the country of his nationality, Sri Lanka, and is unwilling to avail himself of the protection of that country.