Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gzirishvili v Minister for Immigration & Multicultural Affairs [2001] FCA 623 ZURAB GZIRISHVILI v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N1060 of 2000
MADGWICK J 21 MAY 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N1060 of 2000
BETWEEN: ZURAB GZIRISHVILI
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MADGWICK J
DATE OF ORDER: 21 MAY 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application for review 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 OF 2001
BETWEEN: ZURAB GZIRISHVILI
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N1060 of 2000
BETWEEN: ZURAB GZIRISHVILI
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MADGWICK
DATE: 21 MAY 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT (revised from transcript) HIS HONOUR: 1 This is an application for the review of a decision of the Refugee Review Tribunal ("the Tribunal") given on 6 September 2000, affirming the decision of a delegate of the respondent Minister to refuse the grant of protection visa to the applicant. 2 The applicant would have been entitled to a protection visa had he been assessed to be 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 Convention"). Under those treaties, a refugee is any person who: "…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 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." 3 The application for review sets out three grounds, none of which is particularised. Firstly, it is claimed that there was a failure to observe procedures, reference being made to s 476(1)(a) of the Migration Act 1958 (Cth) ("the Act"). Secondly, it is claimed that the decision involved an error of law and s 476(1)(e) was clearly intended to be referred to, although section 476(1)(c) was actually mentioned. Thirdly, it is said that there was no evidence or other material to justify the making of the decision. The written submission made by the unrepresented applicant refers, among other things, to ss 476(1)(g) and s 476(4)(a), presumably with reference to the third ground of the application.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate