Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Azam v Minister for Immigration & Multicultural Affairs
[2000] FCA 276
MOHAMMED ALI AZAM v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
W 121 of 1999
CARR J
13 MARCH 2000
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 121 OF 1999
BETWEEN: MOHAMMED ALI AZAM
Applicant
AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: CARR J
DATE OF ORDER: 13 MARCH 2000
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The application be dismissed. 2. 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
WESTERN AUSTRALIA DISTRICT REGISTRY W 121 OF 1999
BETWEEN: MOHAMMED ALI AZAM
Applicant
AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: CARR J
DATE: 13 MARCH 2000
PLACE: PERTH
REASONS FOR JUDGMENT
Introduction 1 This is an application for an order of review of a decision of the Refugee Review Tribunal made on 25 October 1999 in which the Tribunal affirmed the decision of the delegate of the Minister for Immigration and Multicultural Affairs not to grant a protection visa to the applicant. The applicant, who is a citizen of Bangladesh, arrived in Australia by boat and without any travel documents on 20 May 1999. He lodged his application for a protection visa with the Department of Immigration and Multicultural Affairs (the "Department") on 17 June 1999 and on 11 August 1999 a delegate of the Minister refused to grant him a protection visa. 2 On 13 August 1999 the applicant sought review of the delegate's decision by the Refugee Review Tribunal. The Tribunal in its reasons first set out the relevant article of the Refugees Convention and the law relating to the interpretation of that article. The Tribunal referred to the applicant's claims and evidence as provided in written submissions to the Department, an interview with an officer of the Department, written submissions to the Tribunal and the applicant's oral evidence given to the Tribunal on 5 October 1999.
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