Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Hossain v Minister for Immigration & Multicultural Affairs [2000] FCA 842 MOHAMMAD S HOSSAIN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 159 OF 2000 MANSFIELD J 7 JUNE 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 159 OF 2000
BETWEEN: MOHAMMAD S HOSSAIN
APPLICANT
AND: MINISTER FOR IMMIGRATION AND
MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MANSFIELD J
DATE OF ORDER: 7 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 159 OF 2000
BETWEEN: MOHAMMAD S HOSSAIN
APPLICANT
AND: MINISTER FOR IMMIGRATION AND
MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MANSFIELD J
DATE: 7 JUNE 2000
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an application to review a decision of the Refugee Review Tribunal ("the Tribunal") given on 2 February 2000, affirming a decision of a delegate of the respondent made on 12 March 1998. The delegate refused to grant to the applicant a protection visa under the Migration Act (1958) (Cth) ("the Act"). 2 The applicant is a Bangladesh national. He claims that in November 1996, he fled to India because of persecution in Bangladesh. He arrived in Australia on 4 November 1997 on an illegally obtained Indian passport and under an assumed identity. On 3 December 1997, he applied for a protection visa. As I have noted, his application for that visa was unsuccessful, both before the delegate of the respondent and before the Tribunal. 3 The applicant was given leave to file and serve a fresh amended application for review at the hearing. It identified one ground only upon which the application for review by the Court is pursued. That is that the Tribunal failed to give to the applicant a proper hearing, as required by s 425 of the Act. The applicant asserts that he was unable to attend the hearing of the Tribunal scheduled for 9 November 1999 because of illness, and he provided the Tribunal with a doctor's medical certificate to that effect on 8 November 1999. 4 Section 425(1) of the Act provides:
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