Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Rana v Minister for Immigration & Multicultural Affairs [2000] FCA 840 SURJIT RANA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 92 OF 2000 MANSFIELD J 5 JUNE 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 92 OF 2000
BETWEEN: SURJIT RANA
APPLICANT
AND: MINISTER FOR IMMIGRATION AND
MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MANSFIELD J
DATE OF ORDER: 5 JUNE 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay to the respondent costs of the application to be taxed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 92 OF 2000
BETWEEN: SURJIT RANA
APPLICANT
AND: MINISTER FOR IMMIGRATION AND
MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MANSFIELD J
DATE: 5 JUNE 2000
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an application for review of a decision of the Refugee Review Tribunal ("the Tribunal") given on 11 January 2000. The Tribunal affirmed the decision of a delegate of the respondent to refuse to grant to the applicant a protection visa under the Migration Act 1958 (Cth) ("the Act"). As there was only one point argued on the appeal, I can deal briefly with the background facts. 2 The applicant is a citizen of India. He arrived in Australia on 6 August 1996 and soon thereafter lodged an application for a protection visa. In support of his application, he lodged a statutory declaration. On 10 February 1998, a delegate of the respondent refused that protection visa, leading to the application for review of that decision by the Tribunal. That application was signed by the applicant on 6 March 1998. 3 The Tribunal then proceeded to consider the application. It received the material before the delegate of the respondent in accordance with the Act. Because it was not satisfied that it should decide the review in the applicant's favour on the basis of the material then before it, it was necessary for the Tribunal to invite the applicant to appear before the Tribunal to give evidence and present arguments relating to the issues arising in relation to the decision under review: s 425(1). Section 425(1) provides:
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