Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mahmud v Minister for Immigration & Multicultural Affairs [2000] FCA 1625 NASIR MAHMUD V MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 614 of 2000 STONE J 18 OCTOBER 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 614 OF 2000
BETWEEN: NASIR MAHMUD
APPLICANT
AND: MINISTER FOR IMMIGRATION &
MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: STONE J
DATE OF ORDER: 18 OCTOBER 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. 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 614 OF 2000
BETWEEN: NASIR MAHMUD
APPLICANT
AND: MINISTER FOR IMMIGRATION &
MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: STONE J
DATE: 18 OCTOBER 2000
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The applicant, Mr Mahmud, applied to the respondent, the Minister for Immigration and Multicultural Affairs ("Minister"), for a protection visa to remain in Australia. His application was refused by the Minister's delegate ("Delegate") and this refusal was upheld by the Refugee Review Tribunal ("Tribunal"). Mr Mahmud now applies under section 476(1) of the Migration Act 1958 (Cth) ("the Act") for review of the Tribunal's decision. 2 The applicant was entitled to apply to this court for a review of that decision on certain grounds and the court has jurisdiction provided by Part 8 of the Act but no other jurisdiction with respect to that decision. 3 The applicant, a national of Bangladesh, arrived in Australia on 15 May 1998. The applicant had been living in Saudi Arabia since December 1991. On 25 June 1998 the applicant lodged an application for a protection visa with the Department of Immigration & Multicultural Affairs under the Act. On 26 August 1998 the Delegate refused to grant a protection visa and on 23 September 1998 the applicant sought review of that decision by the Tribunal. The Tribunal conducted a hearing on 17 May 2000 and on the same day affirmed the Delegates decision. On 13 June 2000, the applicant filed his application in this court for review of the Tribunal's decision.
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