Ali v Minister for Immigration & Multicultural Affairs [2000] FCA 329

FEDERAL COURT OF AUSTRALIA

Ali v Minister for Immigration & Multicultural Affairs

[2000] FCA 329

ALI v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

W 164 of 1999

CARR J

21 MARCH 2000

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 164 OF 1999

BETWEEN: RAKAN AL MOOZE MEHSEN ALI

Applicant

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Respondent

JUDGE: CARR J

DATE OF ORDER: 21 MARCH 2000

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The 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 164 OF 1999

BETWEEN: RAKAN AL MOOZE MEHSEN ALI

Applicant

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Respondent

JUDGE: CARR J

DATE: 21 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 10 December 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 arrived in Australia on a Saudi Arabian passport in the name of Mohammed Al-Zahrani on 7 April 1999, claims to be in fact Rakan Al Mooze Mehsen Ali or Rakan Al Mooze Mehsen Ali Al-Anezi, a stateless Bedoun whose country of habitual residence is Kuwait. On 23 April 1999 the applicant lodged an application for a protection visa with the Department of Immigration and Multicultural Affairs ("the Department"). On 21 June 1999 a delegate of the respondent refused to grant the applicant a protection visa and on 25 June 1999 the applicant sought review of that decision by the Refugee Review Tribunal.