Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Taiem v Minister for Immigration & Multicultural Affairs [2001] FCA 611
MIGRATION – judicial review of Refugee Review Tribunal's refusal of protection visa – applicant Palestinian refugee (grandson of fugitives from Palestine after 1948 hostilities) – born in Syria – twenty years old – eight years residence in Syria – then twelve years residence in Libya – assessed by Tribunal as having no nationality – whether a person may have more than one country of "former habitual residence" – whether applicant's claims should have been assessed in relation to Libya as well as Syria – whether any error of law on Tribunal's part. Migration Act 1958 (Cth), ss 36(3), 476 Al-Anezi v Minister for Immigration and Multicultural Affairs [1999] FCA 355 followed Rishmawi v Minister for Immigration and Multicultural Affairs (1997) 77 FCR 421 followed MOTAMAN TAIEM v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS W 28 of 2001 CARR J 25 MAY 2001 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 28 OF 2001
BETWEEN: MOTAMAN TAIEM
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: CARR J
DATE OF ORDER: 25 MAY 2001
WHERE MADE: PERTH
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
WESTERN AUSTRALIA DISTRICT REGISTRY W 28 OF 2001
BETWEEN: MOTAMAN TAIEM
Applicant
AND: MINISTER FOR IMMIGRATION AND
MULTICULTURAL AFFAIRS
Respondent
JUDGE: CARR J
DATE: 25 MAY 2001
PLACE: PERTH
REASONS FOR JUDGMENT
INTRODUCTION 1 This is an application for an order of review of a decision of the Refugee Review Tribunal, made on 5 January 2001, by which the Tribunal affirmed the decision of a delegate of the respondent not to grant the applicant a protection visa. The applicant, who claims to be a stateless Palestinian refugee, formerly resident in Syria and Libya, arrived in Australia on 17 August 2000. He travelled on a false Spanish passport which, before arrival in Australia, he gave to the people smuggler who arranged his journey. On 1 September 2000, the applicant lodged an application for a protection visa with the Department of Immigration and Multicultural Affairs. On 12 September 2000 a delegate of the respondent refused to grant him a protection visa. On 13 September 2000, the applicant sought review of that decision by the Refugee Review Tribunal.
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