Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
"BC" v Minister for Immigration & Multicultural Affairs [2001] FCA 393 "BC" v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N24 of 2001
MADGWICK J 16 MARCH 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N24 of 2001
BETWEEN: "BC"
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MADGWICK J
DATE OF ORDER: 16 MARCH 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant pay half the respondent's costs.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N24 of 2001
BETWEEN: "BC"
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MADGWICK J
DATE: 16 MARCH 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT (revised from transcript) HIS HONOUR: 1 In this case, the applicant seeks the limited form of judicial review which is available in this Court against a decision of the Refugee Review Tribunal ("the Tribunal") which upheld the decision of a delegate of the respondent Minister denying the applicant a protection visa. Whether he is entitled to such a visa depends, of course, upon the provisions of the 1951 Convention Relating to Status of Refugees as amended by the 1967 Protocol Relating to the Status of Refugees ("the Convention"). Article 1A(2) of the Convention defines a refugee as 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 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." 2 The amended application for review raises the following ground of review pursuant to s 476(1)(e) of the Migration Act 1958 (Cth) ("the Act"):
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate