Al-Mamun v Minister for Immigration & Multicultural Affairs [2000] FCA 1058

FEDERAL COURT OF AUSTRALIA

Al-Mamun v Minister for Immigration & Multicultural Affairs [2000] FCA 1058 JAKARIA AL-MAMUN v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 323 OF 2000 EMMETT J 26 JULY 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 323 OF 2000

BETWEEN: JAKARIA AL-MAMUN

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 26 JULY 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. By consent, the application be dismissed.

2. The applicant pay the respondent's costs.

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 323 OF 2000

BETWEEN: JAKARIA AL-MAMUN

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: EMMETT J

DATE: 26 JULY 2000

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The applicant is a citizen of Bangladesh who arrived in Australia on 27 May 1997. On 21 September 1998 he lodged an application for protection visa with the Department of Immigration and Multicultural Affairs. On 9 November 1998 a delegate of the Minister refused to grant a protection visa. On 9 December 1998 the applicant applied for review of that decision. On 15 March 2000, the Refugee Review Tribunal ('the Tribunal') affirmed the decision not to grant a protection visa. The applicant now applies to this Court for an order of review of the decision of the Tribunal. 2 The grounds stated in the application are as follows: "1. In the tribunal's decision there are some errors of law. The Tribunal member unjustly refused the applicant's claim without considering the gravity of the claims; as such the Tribunal member failed to act according to section 476(1)(e) of the Migration Act 1958.