Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hossain v Minister for Immigration & Multicultural Affairs [2001] FCA 315
MIGRATION – application for a protection visa – well-founded fear of persecution for reason of political opinion – delegate refused application on mistaken assumption that no supporting material provided - the application became valid on receipt of the supporting material – whether the Tribunal's decision involved an error of law under s 476(1)(e) of the Migration Act 1958 (Cth) – grounds raised seek to challenge Tribunal's factual findings. Migration Act 1958 (Cth) s 476(1)(e) Yilmaz v Minister for Immigration and Multicultural Affairs [2000] 100 FCR 495 followed A S M MAHTAB HOSSAIN V MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N836 OF 2000 MATHEWS J 5 APRIL 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N836 OF 2000
BETWEEN: A S M MAHTAB HOSSAIN
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MATHEWS J
DATE OF ORDER: 5 APRIL 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant is to 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 N836 OF 2000
BETWEEN: A S M MAHTAB HOSSAIN
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MATHEWS J
DATE: 5 APRIL 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT
Introduction 1 The applicant seeks judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") dated 29 June 2000 in which the Tribunal affirmed a decision of the respondent's delegate to refuse the applicant's and his family's application for a protection visa. 2 In order to be eligible for a protection visa, an applicant must show that he or she is a 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". The applicant says that he has a well-founded fear of persecution in Bangladesh, his country of nationality, by reason of his political opinion.
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