Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hasani v Minister for Immigration & Multicultural Affairs [2000] FCA 1434
MIGRATION – review of decision by Refugee Review Tribunal affirming respondent's refusal to grant protection visa – Albanian Kosovar – whether Tribunal erred in law in failing to focus on applicant's individual circumstances – extensive reference to country information – situation in Kosovo radically improved since applicant's departure – whether Tribunal made any other reviewable error – no reviewable error – application dismissed.
Migration Act 1958 (Cth), s 476
BESNIK HASANI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 149 OF 1999 CARR J 12 OCTOBER 2000 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 149 OF 1999
BETWEEN: BESNIK HASANI
Applicant
AND: MINISTER FOR IMMIGRATION AND
MULTICULTURAL AFFAIRS
Respondent
JUDGE: CARR J
DATE OF ORDER: 12 OCTOBER 2000
WHERE MADE: PERTH
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
WESTERN AUSTRALIA DISTRICT REGISTRY W 149 OF 1999
BETWEEN: BESNIK HASANI
Applicant
AND: MINISTER FOR IMMIGRATION AND
MULTICULTURAL AFFAIRS
Respondent
JUDGE: CARR J
DATE: 12 OCTOBER 2000
PLACE: PERTH
REASONS FOR JUDGMENT
INTRODUCTION 1 This is an application for an order of review of a decision of the Refugee Review Tribunal made on 9 November 1999 by which the Tribunal affirmed the decision of a delegate of the respondent not to grant a protection visa to the applicant. The applicant, who is a citizen of Yugoslavia of Albanian ethnicity previously resident in Kosovo, arrived in Australia by air on 16 July 1999, travelling on a false passport. On 23 July 1999 the applicant lodged his application for a protection visa with the Department of Immigration and Multicultural Affairs. On 1 September 1999 a delegate of the Minister refused to grant him a protection visa. On 7 September 1999 the applicant sought review of the delegate's decision by the Refugee Review Tribunal.
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