Murthi v Minister for Immigration & Multicultural Affairs [2000] FCA 764

FEDERAL COURT OF AUSTRALIA

Murthi v Minister for Immigration & Multicultural Affairs [2000] FCA 764

MURTHI v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS V 671 OF 1999 NORTH J 8 MAY 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 671 OF 1999

BETWEEN: ARIAN MURTHI

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: NORTH J

DATE OF ORDER: 8 MAY 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant is to pay the respondent's costs of and incidental to the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 671 OF 1999

BETWEEN: ARIAN MURTHI

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: NORTH J

DATE: 8 MAY 2000

PLACE: MELBOURNE

REASONS FOR JUDGMENT

INTRODUCTION 1 Because of the very helpful way in which this case has been prepared for trial and the succinct way in which it has been argued, I am in a position to deliver judgment immediately. Before the Court is an application to review a decision of the Refugee Review Tribunal (the Tribunal) made on 5 November 1999, which affirmed the decision of the delegate of the Minister for Immigration and Multicultural Affairs (the respondent), to refuse a protection visa to Arian Murthi (the applicant). Mr Murthi is a citizen of Albania who was born on 30 June 1964. He arrived in Australia on 12 April 1995 and lodged his application for a protection visa two and a half years later on 30 September 1997.

BACKGROUND 2 The issue before the Tribunal was whether Mr Murthi is a refugee within the meaning of the 1951 Convention relating to the Status of Refugees (as affected by the 1967 Protocol relating to the Status of Refugees). Relevantly the Convention defines a refugee as: "A person who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable, or owing to such fear is unwilling to avail himself of the protection of that country …" 3 The Tribunal set out under the heading "Claims and Evidence" the claims made by the applicant and evidence submitted by him, under several subheadings. Firstly, it set out the claims made in the initial application, then referred to a further statement of 31 December 1997, followed by reference to a handwritten statement received on 14 April 1998, and then to some documentary evidence under the heading "Further Material". Finally, under the heading of "Hearing" the Tribunal summarised the evidence of Mr Murthi and the several witnesses who gave evidence in his favour - Mr Guribirdhi, Mr Dirveski, and Mr Lloga.