Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hossain v Minister for Immigration and Multicultural Affairs [2001] FCA 46
IMMIGRATION – appeal from decision dismissing an application for an order for review of a decision of the Refugee Review Tribunal – applicant claimed that he would face persecution from the Awami League if he was returned to Bangladesh because he is a member of the Bangladesh National Party – RRT found Appellant not a credible witness in relation to material claims and otherwise failed to establish genuine fear of persecution if returned to Bangladesh – inability of Court to interfere with findings of fact of Tribunal – no error of law demonstrated. PRACTICE AND PROCEDURE – new ground of review not raised before primary judge. Migration Act 1958 (Cth). Teoh v Minister for Immigration and Ethnic Affairs (1994) 49 FCR 409 referred to. He v Minister for Immigration and Multicultural Affairs (1997) 72 FCR 342 referred to. MOHAMMAD DALOWER HOSSAIN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1134 OF 2000 WILCOX, WEINBERG & CONTI JJ 6 FEBRUARY 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1134 OF 2000
BETWEEN: MOHAMMAD DALOWER HOSSAIN
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: WILCOX, WEINBERG & CONTI JJ
DATE OF ORDER: 6 FEBRUARY 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The Appeal be dismissed. 2. The Appellant to pay the costs of the Respondent. 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 1134 OF 2000
BETWEEN: MOHAMMAD DALOWER HOSSAIN
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
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