Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Aluboodi v Minister for Immigration & Multicultural Affairs [2000] FCA 1498 Migration Act 1958 (Cth), s 476
Minister for Immigration & Multicultural Affairs v Thiyagarajah (1998) 80 FCR 543, followed Minister for Immigration & Multicultural Affairs v Thiyagarajah [2000] HCA 9, referred to Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212, referred to Szelagowicz v Stocker (1994) 35 ALD 16, cited Chen v Minister for Immigration & Multicultural Affairs [1999] FCA 43, cited Yilan v Minister for Immigration & Multicultural Affairs [1999] FCA 854, cited Al-Amidi v Minister for Immigration & Multicultural Affairs [2000] FCA 1081, distinguished Minister for Immigration & Multicultural Affairs v Eshetu (1999) 197 CLR 611, followed JAMAL ABDULALI ALUBOODI v THE MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS W 71 of 2000 R D NICHOLSON J 26 OCTOBER 2000 PERTH (heard in Sydney)
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W71 of 2000
BETWEEN: JAMAL ABDULALI ALUBOODI
APPLICANT
AND: THE MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: R D NICHOLSON J
DATE OF ORDER: 26 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 W71 of 2000
BETWEEN: JAMAL ABDULALI ALUBOODI
APPLICANT
AND: THE MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: R D NICHOLSON J
DATE: 26 OCTOBER 2000
PLACE: PERTH
REASONS FOR JUDGMENT 1 This is an application for review brought in reliance upon s 476 of the Migration Act 1958 (Cth) ("the Act"). The application seeks a review of a decision of the Refugee Review Tribunal ("the Tribunal") made on 18 April 2000 whereby the Tribunal affirmed the decision of a delegate of the respondent not to grant to the applicant a protection visa. 2 The applicant, who is a citizen of Iraq, arrived in Australia on 13 June 1999. On 4 November 1999 he lodged an application for a protection (class XA) visa under the Act. The delegate refused the application on 6 January 2000.
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