Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hai v Minister for Immigration & Multicultural Affairs [2001] FCA 412
MIGRATION – review of the decision of the Refugee Review Tribunal – whether there was no evidence or other material to justify the making of the decision Migration Act 1958 (Cth) s 476(1)(g), s 476(4)(b) Minister for Immigration & Multicultural Affairs v Indatissa [2001] FCA 181 ABDUL HAI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1178 OF 2000 STONE J SYDNEY 3 APRIL 2001
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1178 of 2000
BETWEEN: ABDUL HAI
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: STONE J
DATE OF ORDER: 3 APRIL 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. the application be dismissed; 2. 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 1178 of 2000
BETWEEN: ABDUL HAI
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: STONE J
DATE: 3 APRIL 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The applicant, a citizen of Bangladesh, lodged an application for a protection visa under the Migration Act 1958 (Cth) ("the Act") on 13 March 1998. A delegate of the respondent ("Minister") refused to grant a protection visa on 23 March 1998. The Refugee Review Tribunal ("Tribunal") upheld that decision on 20 September 2000 in a decision handed down on 10 October 2000. On 6 November 2000, the applicant filed an application for an order of review in this Court. The applicant was given leave to file an amended application in Court today.
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 1951 Convention Relating to the Status of Refugees, as "amended" by the 1967 Protocol Relating to the Status of Refugees ("the Convention"). Article 1A(2) of the Convention provides that a refugee is any person who:
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