Mo v Minister for Immigration & Multicultural Affairs [2000] FCA 305

FEDERAL COURT OF AUSTRALIA

Mo v Minister for Immigration & Multicultural Affairs

[2000] FCA 305

MO RI CHANG v MINISTER FOR IMMIGRATION &

MULTICULTURAL AFFAIRS

W 136 of 1999

CARR J

16 MARCH 2000

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 136 OF 1999

BETWEEN: MO RI CHANG

Applicant

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: CARR J

DATE OF ORDER: 16 MARCH 2000

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs. The costs are to be taxed on a basis which takes into account the similarity between the issues in this application and those in application number W 142 of 1999. 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 136 OF 1999

BETWEEN: MO RI CHANG

Applicant

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: CARR J

DATE: 16 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 by which the Tribunal affirmed the decision of a delegate of the respondent not to grant a protection visa to the applicant. The applicant, who is a citizen of the People's Republic of China, arrived in Australia by boat and without any travel or identity documents on or about 12 March 1999. He lodged his application for a protection visa with the Department of Immigration and Multicultural Affairs ("the Department") on 23 March 1999. On 26 August 1999 a delegate of the Minister refused to grant him a protection visa. On 30 August 1999 the applicant sought review of the delegate's decision by the Refugee Review Tribunal.