Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ahmed v Minister for Immigration & Multicultural Affairs [2001] FCA 591
KAZI MURAD AHMED v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N101 of 2001
MADGWICK J 30 APRIL 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N101 of 2001
BETWEEN: KAZI MURAD AHMED
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MADGWICK J
DATE OF ORDER: 30 APRIL 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application for review be dismissed. 2. The applicant pay the respondent's cost. 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 N101 of 2001
BETWEEN: KAZI MURAD AHMED
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MADGWICK J
DATE: 30 APRIL 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT (revised from transcript) HIS HONOUR: 1 In this matter, the applicant seeks the limited form of judicial review available in this Court of a decision of the Refugee Review Tribunal ("the Tribunal") given on 12 December 2000. The Tribunal affirmed a decision of a delegate of the respondent Minister, refusing to grant the applicant a protection visa, pursuant to the Migration Act 1958 (Cth) ("the Act"). 2 Whether the applicant is entitled to such a visa depends of course, on whether the applicant was a refugee within the meaning of the 1951 Convention Relating to the Status of Refugees as amended by the 1967 Protocol Relating to the Status of Refugees. The relevant provision, Article 1(A)(2) provides that a person is a refugee if: "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 as a result of such events, is unable or, owing to such fear, is unwilling to return to it."
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