Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Singh v Minister for Immigration & Multicultural Affairs [2000] FCA 78 KULDIP SINGH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS S 64 OF 1999 MANSFIELD J 10 FEBRUARY 2000 ADELAIDE
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 64 OF 1999
BETWEEN: KULDIP 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 64 OF 1999
BETWEEN: KULDIP SINGH
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: MANSFIELD J
DATE: 10 FEBRUARY 2000
PLACE: ADELAIDE
REASONS FOR JUDGMENT 1 This is an application for review of a decision of the Refugee Review Tribunal ("the Tribunal") given on 2 July 1999 affirming a decision of a delegate of the respondent given on 23 July 1997 not to grant to the applicant a protection visa. 2 The applicant is an Indian citizen. He is a Sikh. He was born on 21 August 1972. He was born and brought up in Punjab. He finished school in 1990, and then worked at farming and labouring work. His parents and his two brothers currently live in India. He arrived in Australia on 25 December 1996, travelling on a validly issued passport in his own name. On 22 January 1997 he applied for a protection visa under s 36 of the Migration Act 1958 (Cth) ("the Act"). 3 It is a criterion for the grant of a protection visa under s 36 of the Act that the respondent, or 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 28 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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