Islam v Minister for Immigration & Multicultural Affairs [2000] FCA 362

FEDERAL COURT OF AUSTRALIA

Islam v Minister for Immigration & Multicultural Affairs

[2000] FCA 362

ZAHIRUL ISLAM v MINISTER FOR IMMIGRATION AND

MULTICULTURAL AFFAIRS

W 125 of 1999

CARR J

27 MARCH 2000

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 125 OF 1999

BETWEEN: ZAHIRUL ISLAM

Applicant

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: CARR J

DATE OF ORDER: 27 MARCH 2000

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal, made on 26 October 1999, be set aside. 2. The matter be remitted to a differently constituted Tribunal for re-hearing, with or without new evidence, in accordance with law. 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 125 OF 1999

BETWEEN: ZAHIRUL ISLAM

Applicant

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: CARR J

DATE: 27 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 26 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 Bangladesh, arrived in Australia by boat and without any travel documents on 20 May 1999. On 17 June 1999 he lodged an application for a protection visa with the Department of Immigration and Multicultural Affairs ("the Department"). On 11 August 1999 a delegate of the Minister refused to grant him a protection visa. On 13 August 1999 the applicant sought review of the delegate's decision by the Refugee Review Tribunal.