Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Al Toubi v Minister for Immigration & Multicultural Affairs [2001] FCA 268 Migration Act 1958 (Cth) s 36(2) Minister for Immigration & Multicultural Affairs v Sameh [2000] FCA 578, distinguished Minister for Immigration & Multicultural Affairs v Singh (2000) 98 FCR 469, applied SHAKIR AZIZ AL TOUBI v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS W 79 of 2000 R D NICHOLSON J 20 MARCH 2001 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 79 of 2000
BETWEEN: SHAKIR AZIZ AL TOUBI
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: R D NICHOLSON J
DATE OF ORDER: 20 MARCH 2001
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the application. 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 W 79 of 2000
BETWEEN: SHAKIR AZIZ AL TOUBI
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: R D NICHOLSON J
DATE: 20 MARCH 2001
PLACE: PERTH
REASONS FOR JUDGMENT 1 This is an application to review a decision of the Refugee Review Tribunal ("the Tribunal") made on 18 May 2000 which confirmed a decision of the respondent not to grant the applicant a protection visa.
The relevant legislative provisions 2 Under s 36(2) of Migration Act 1958 (Cth) ("the Act") a non- citizen in Australia is eligible for a protection visa if that person is someone: "… to whom Australia has protection obligations under the Refugees Convention as amended by the Refugees Protocol." The Refugees Convention is the Convention Relating to the Status of Refugees 1951 and the Refugees Protocol is the Protocol Relating to the Status of Refugees 1967. The expression "Convention" will be used to mean the Convention as amended by the Protocol. 3 Article 1a(2) of the Convention defines a "refugee" to be any person who: "…owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable, or owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it".
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