Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Singh v Minister for Immigration & Multicultural Affairs [2000] FCA 79 TARSEM SINGH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS S 46 OF 1999 MANSFIELD J 10 FEBRUARY 2000 ADELAIDE
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 46 OF 1999
BETWEEN: TARSEM 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 46 OF 1999
BETWEEN: TARSEM 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 24 May 1999 affirming a decision of a delegate of the respondent not to grant to the applicant a protection visa. 2 The applicant was born in India on 7 April 1963. He is an Indian citizen. He arrived in Australia on 13 October 1996 and on 18 October 1996 he lodged an application for a protection visa. That application was refused on 13 June 1997. 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 respondent, 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 28 July 1951 as amended by the Protocol relating to the Status of Refugees done at New York on 31 January 1967 ("the Convention"). For present purposes that means, in a practical sense, that if the applicant is to be entitled to the visa sought, he must qualify as a refugee under Article 1A(2) of the Convention. He must be a person who:
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