Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
W v Minister for Immigration & Multicultural Affairs [2000] FCA 1846
IMMIGRATION – refugees – application for protection visa - Syrian national – applicant travelled to Australia via Indonesia – claims to have been suspected member of Muslim Brotherhood in Syria – proscribed organisation – membership punishable by death penalty – applicant never a member of Muslim Brotherhood – no political involvement – detained for a few months on suspicion in 1983 – Tribunal rejected claims of ongoing surveillance thereafter and incident with Syrian Intelligence in 1999 -–whether reasons of Tribunal comply with s 430 – whether no evidence to justify findings – application dismissed. Migration Act 1958 (Cth) s 430(1), s 476
Minister for Immigration and Multicultural Affairs v Singh [2000] 98 FCR 469 followed W v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W175 OF 2000 FRENCH J 15 DECEMBER 2000 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W175 OF 2000
BETWEEN: W
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: French J
DATE OF ORDER: 15 December 2000
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The application is 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
WESTERN AUSTRALIA DISTRICT REGISTRY W175 OF 2000
BETWEEN: W
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: French J
DATE: 15 December 2000
PLACE: PERTH
REASONS FOR JUDGMENT
Introduction 1 W is a citizen of Syria born in Damascus on 5 September 1965. He is unmarried. His mother, two brothers and two sisters live in Syria. He has not seen his father since 1990. He is a Sunni Muslim. On 8 October 1999 he applied for and obtained a Syrian passport. He also obtained a visa to travel to Indonesia and on 4 April 2000 flew from Damascus to Jakarta where he arrived on 5 April. Thereafter he contacted a people smuggler and travelled by boat to Australia where he arrived on 14 May 2000, having disposed of his passport. He was taken into immigration detention and is presently held at the Port Hedland Detention Centre. On 17 June 2000, he applied for a protection visa but his application was refused by a delegate of the Minister on 18 August 2000. On 21 August 2000 he applied to the Refugee Review Tribunal for review of that decision. On 9 October 2000 the Tribunal affirmed the decision. On 18 October 2000 W filed an application for an order of review of the decision of the Tribunal. The application came on for hearing on 12 December at which time W was represented by Ms Giles, appearing as pro bono counsel.
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