Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
"CD" v Minister for Immigration & Multicultural Affairs
[2000] FCA 1702
"CD" v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 677 OF 2000 NORTH J 8 NOVEMBER 2000 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 677 OF 2000
BETWEEN: "CD"
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: NORTH J
DATE OF ORDER: 8 NOVEMBER 2000
WHERE MADE: MELBOURNE
UPON THE UNDERTAKING: given by the respondent through counsel for the respondent that the applicant will not be removed from Australia, except by the consent of the applicant in writing filed in the Court, until the applicant is provided with a copy of the written reasons for decision in this proceeding and the expiration of the time limited for appeal against that decision:
THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant is to pay the respondent's costs of and incidental to the application. 3. The operation of paragraph 2 is stayed until 8 May 2001. 4. The applicant be referred to henceforth, and in all court documents hereafter filed, as "CD". 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 677 OF 2000
BETWEEN: "CD"
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: NORTH J
DATE: 8 NOVEMBER 2000
PLACE: MELBOURNE
REASONS FOR JUDGMENT
introduction 1 The applicant, "CD", is a 33 year-old citizen of the People's Republic of China who arrived in Australia on 14 August 1999. He was entitled to stay in Australia until the expiry of his visa on 14 September 1999. In fact, he stayed in Australia beyond that date and was located and placed in immigration detention in January 2000. On 9 June 2000, nearly six months later, he lodged an application for a protection visa, and on 27 June a delegate of the Minister for Immigration and Multicultural Affairs, the respondent, refused his application.
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