Lal v Minister for Immigration and Multicultural Affairs [2000] FCA 1707

FEDERAL COURT OF AUSTRALIA

Lal v Minister for Immigration & Multicultural Affairs [2000] FCA 1707 RAM LAL v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS S 2 OF 2000 MANSFIELD J 27 NOVEMBER 2000 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 2 OF 2000

BETWEEN: RAM LAL

APPLICANT

AND: MINISTER FOR IMMIGRATION

AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 27 NOVEMBER 2000

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application be dismissed.

2. The applicant pay to the respondent costs of the application to be taxed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 2 OF 2000

BETWEEN: RAM LAL

APPLICANT

AND: MINISTER FOR IMMIGRATION

AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: MANSFIELD J

DATE: 27 NOVEMBER 2000

PLACE: ADELAIDE

REASONS FOR JUDGMENT 1 This is an application to review a decision of the Refugee Review Tribunal ("the Tribunal") given on 10 December 1999. The Tribunal affirmed a decision of a delegate of the respondent given on 31 July 1997 to refuse to grant to the applicant a protection visa under the Migration Act 1958 (Cth) ("the Act"). To be eligible for the grant of that visa, it was necessary for the applicant to satisfy the delegate of the respondent (and on review the Tribunal) that he was a person to whom Australia had protection obligations under the Convention Relating to the Status of Refugees 1951 as amended by the Protocol Relating to the Status of Refugees 1967 ("the Convention"): ss 36(2) and 65 of the Act. 2 In practical terms, for the purposes of this application, the applicant had to satisfy the delegate of the respondent (and on review the Tribunal) that he was a "refugee" as that term is defined in Article 1A(2) of the Convention, namely that he is a person who: