Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Shaffeer v Minister for Immigration & Multicultural Affairs [2000] FCA 1087 Migration Act 1958 ss 430, 476 The Minister v Singh [2000] FCA 845 applied Logenthiran v The Minister (1998) 56 ALD 639 distinguished Kandiah v The Minister [1998] FCA 1145 distinguished Thevendram v The Minister [1999] FCA 182 distinguished Wu Jian Wu v The Minister [1997] FCA 316 applied Arudselvan v The Minister [1999] FCA 1726 applied Re Minister for Immigration; Ex parte Durairajasingham (2000) 168 ALR 407 applied Sun v The Minister (1997) 81 FCR 71 distinguished MOHAMED AZWER MOHAMED SHAFFEER v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 139 OF 1999 SUNDBERG J 8 AUGUST 2000 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 139 OF 1999
BETWEEN: MOHAMED AZWER MOHAMED SHAFFEER
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: SUNDBERG J
DATE OF ORDER: 8 AUGUST 2000
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The application be dismissed.
2. The applicant 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
VICTORIA DISTRICT REGISTRY V 139 OF 1999
BETWEEN: MOHAMED AZWER MOHAMED SHAFFEER
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: SUNDBERG J
DATE: 8 AUGUST 2000
PLACE: MELBOURNE
REASONS FOR JUDGMENT
BACKGROUND 1 The applicant is a 32 year old male citizen from Sri Lanka who arrived in Australia in July 1995 as the holder of a student visa that was valid until mid‑1997. In mid‑1996 he was granted a class 435 visa, which was a special visa for Sri Lankan visitors. He lodged an application for a protection visa in January 1997. The application was refused. He applied for a review of that decision by the Refugee Review Tribunal. He attended a hearing before the Tribunal and gave oral evidence. The Tribunal affirmed the decision under review. He has applied to the Court for review of the Tribunal's decision under Part 8 of the Migration Act 1958.
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