Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Q v Minister for Immigration & Multicultural Affairs [2000] FCA 761
MIGRATION - refugee – protection visa – resident of Kuwait – stateless citizen – claims of persecution by reason of religion and status as stateless citizen – claims of detention and torture – claims disbelieved by Tribunal – finding of no real prospect of persecution having regard to country information available to Tribunal – challenge on merits – no question of principle involved.
Migration Act 1958 (Cth)
Q v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
W50 of 2000
FRENCH J
9 JUNE 2000
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W50 OF 2000
BETWEEN: Q
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: FRENCH J
DATE OF ORDER: 9 JUNE 2000
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The application is dismissed. 2. The Applicant is to 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
WESTERN AUSTRALIA DISTRICT REGISTRY W 50 OF 2000
BETWEEN: Q
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: FRENCH J
DATE: 9 JUNE 2000
PLACE: PERTH
REASONS FOR JUDGMENT
Introduction 1 This is an application for review of a decision by the Refugee Review Tribunal affirming a decision by a delegate of the Minister for Immigration and Multicultural Affairs denying a protection visa to Q. Q came to Australia from Kuwait in 1999 on a forged passport, arriving in this country without any travel documentation. He claims that as a Shi'ite Muslim and as a stateless person in Kuwait he is liable to persecution and that he has been detained and tortured for those reasons in the past. His case involved consideration by the Tribunal of a substantial quantity of factual material. However his challenge to the Tribunal's decision, as appears from the reasons that follow, gives rise to no issue of legal principle but is rather concerned with the merits of that decision.
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