Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Can v Minister for Immigration & Multicultural Affairs [2001] FCA 533
DEVRIM CAN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 18 of 2001 SACKVILLE J SYDNEY 7 MAY 2001
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N18 OF 2001
BETWEEN: DEVRIM CAN
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: SACKVILLE J
DATE OF ORDER: 7 MAY 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 N18 OF 2001
BETWEEN: DEVRIM CAN
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: SACKVILLE J
DATE: 7 MAY 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an application for review of a decision of the Refugee Review Tribunal ("RRT") made on 29 November 2000. The RRT affirmed a decision of a delegate of the respondent ("the Minister") not to grant a protection visa to the applicant. The application for an order of review does not specify any grounds that are available under s 476(1) of the Migration Act 1958 (Cth) ("Migration Act"). The applicant was unrepresented at the hearing. 2 The applicant is a citizen of Turkey, born on 30 August 1976. He is, as the RRT found, of Kurdish ethnicity and is a Muslim. He claimed to have arrived in Australia as a ship's deserter in February 1999, having left Turkey on 5 November 1998. He lodged an application for a protection visa on 6 September 1999. That application was rejected by the Minister's delegate on 18 February 2000. 3 It should be noted that the applicant, both before the RRT and this Court, claimed that he is entitled to residence in this country by reason of the fact that he has married an Australian citizen and is the father of two children born in this country. He told the Court that he nonetheless wished to pursue his claim for a protection visa because he is a Kurd and fears persecution in Turkey by reason of his ethnicity.
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