Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Singh v Minister for Immigration & Multicultural Affairs [2000] FCA 77 HARBANS SINGH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS S 22 OF 1999 MANSFIELD J 10 FEBRUARY 2000 ADELAIDE
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 22 OF 1999
BETWEEN: HARBANS SINGH
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: MANSFIELD J
DATE OF ORDER: 10 FEBRUARY 2000
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: 1. The application is dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 22 OF 1999
BETWEEN: HARBANS SINGH
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: MANSFIELD J
DATE: 10 FEBRUARY 2000
PLACE: ADELAIDE
REASONS FOR JUDGMENT
Introduction 1 This is an application for review of a decision of the Refugee Review Tribunal ("the Tribunal") given on 15 February 1999. The Tribunal affirmed a decision of a delegate of the Minister for Immigration and Multicultural Affairs ("the Minister"), made on 21 June 1997, not to grant to the applicant a protection visa. The applicant's wife and two children were included in his original application before the Tribunal. They are not parties to the present application. 2 As appears from the Tribunal's reasons, only the applicant made claims under the Convention. He was referred to as the "applicant father" in the Tribunal's reasons, but I shall refer to him in these reasons simply as the applicant. 3 It is a criterion for the grant of a protection visa under s 36 of the Migration Act 1958 (Cth) ("the Act") that the Minister, and on review the Tribunal, be satisfied that the applicant is a person to whom Australia owes protection obligations under the Convention Relating to the Status of Refugees done at Geneva on 21 July 1951 as amended by the Protocol Relating to the Status of Refugees done at New York on 31 January 1967 ("the Convention"). 4 If the applicant is to be entitled to the visa sought he must qualify as a refugee under Article 1A(2) of the Refugees Convention. He must be a person who:
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