Amin v Minister for Immigration & Multicultural Affairs [2001] FCA 312

FEDERAL COURT OF AUSTRALIA

Amin v Minister for Immigration & Multicultural Affairs [2001] FCA 312 MIGRATION – application to review decision of Refugee Review Tribunal ("Tribunal")– where the Tribunal did not believe the applicant – where the grounds of review are not particularised PRACTICE AND PROCEDURE – notice of motion to reschedule the hearing for a later date to enable the applicant to obtain legal representation – where adjournment would be futile Migration Act 1958 (Cth), s 476

MD RIAZUL AMIN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 565 OF 2000 STONE J 8 MARCH 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 565 OF 2000

BETWEEN: MD RIAZUL AMIN

APPLICANT AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: STONE J

DATE OF ORDER: 8 MARCH 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. the applicant's notice of motion be dismissed; 2. the application be dismissed; 3. 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

NEW SOUTH WALES DISTRICT REGISTRY N 565 OF 2000

BETWEEN: MD RIAZUL AMIN

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: STONE J

DATE: 8 MARCH 2001

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 On 12 March 1999, the applicant, Mr Amin, a citizen of Bangladesh, applied to the respondent ("the Minister") for a protection visa to remain in Australia. The Minister's delegate ("Delegate") refused his application on 26 March 1999. The Refugee Review Tribunal ("Tribunal") upheld this refusal on 19 April 2000 in a decision handed down on 3 May 2000. Mr Amin now applies under s 476 of the Migration Act 1958 (Cth) ("the Act") for a review of the Tribunal's decision. 2 Section 36 of the Act provides that a criterion for the grant of a protection visa is that the applicant is a non-citizen in Australia to whom Australia has protection obligations under the Convention Relating to the Status of Refugees done at Geneva on 28 July 1951, as "amended" by the Protocol Relating to the Status of Refugees done at New York on 31 January 1967 (Compendiously, "the Convention"). Article 1A(2) of the Convention provides that a refugee is 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, is unable or, owing to such fear, is unwilling to return to it."