Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ahmed v Minister for Immigration & Multicultural Affairs [2001] FCA 603
IRSHAD ALI AHMED v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1090 of 2001 SACKVILLE J SYDNEY 4 DECEMBER 2001
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1090 OF 2001
BETWEEN: IRSHAD ALI AHMED
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: SACKVILLE J
DATE OF ORDER: 4 DECEMBER 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 1090 OF 2001
BETWEEN: IRSHAD ALI AHMED
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: SACKVILLE J
DATE: 4 DECEMBER 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an application for review of a decision of the Refugee Review Tribunal ("RRT"), made on 4 June 2001. The RRT affirmed the decision of a delegate of the respondent ("the Minister") not to grant the applicant a protection visa. The applicant claims that the RRT erred in rejecting his claim to fear persecution in Fiji, his country of citizenship, by reason of his Indian ethnicity. It was common ground that the application for review was to be determined in accordance with the Migration Act 1958 (Cth) ("Migration Act"), as it stood prior to the amendments effected by the Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) and the Migration Legislation Amendment Act (No 1) 2001 (Cth). 2 The applicant is a citizen of Fiji, who arrived in Australia on 18 November 1994, over seven years ago. Although born in Fiji, he is of Indian origin and a Muslim. He gained entry to this country on a visitor's visa. After a series of extensions to that visa, the applicant remained in Australia as an unlawful non-citizen until 26 June 2000, when he lodged his application for a protection visa.
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