Khan v Minister for Immigration & Multicultural Affairs [2000] FCA 105

FEDERAL COURT OF AUSTRALIA

Khan v Minister for Immigration & Multicultural Affairs [2000] FCA 105 Migration Act 1958 ss 430(1)(b), (c) and (d), 476(1)(a), (d), (e), (g), (4)(b)

The Minister v Yusuf [1999] FCA 1681 mentioned Xu v The Minister [1999] FCA 1741 mentioned Emiantor v The Minister (1997) 48 ALD 631 applied Rajadurai v The Minister [1999] FCA 125 applied The Minister v Guo (1997) 191 CLR 55 applied The Minister v Rajalingam [1999] FCA 719 applied Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 applied ABDUL MANAN KHAN v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 462 OF 1999 SUNDBERG J 15 FEBRUARY 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 462 OF 1999

BETWEEN: ABDUL MANAN KHAN

APPLICANT

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: SUNDBERG J

DATE OF ORDER: 15 FEBRUARY 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 462 OF 1999

BETWEEN: ABDUL MANAN KHAN

APPLICANT

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: SUNDBERG J

DATE: 15 FEBRUARY 2000

PLACE: MELBOURNE

REASONS FOR JUDGMENT

BACKGROUND 1 The applicant is a citizen of Pakistan who arrived in Australia on 2 April 1999. On 8 April he lodged an application for a protection visa. The applicant withdrew this application on 15 April, but lodged another application for a protection visa on 30 April. This application was refused by a delegate of the respondent on 3 June. An application for review of the delegate's decision by the Refugee Review Tribunal was dismissed on 30 July. The applicant has applied to the Court for a review of that decision.