Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gzirishvili v Minister for Immigration and Multicultural Affairs [2001] FCA 867
MIGRATION – review of decision of Refugee Review Tribunal ("Tribunal") – where no particulars of grounds of review given Migration Act 1958 (Cth) s 476(1)(e), s 476(1)(g) LEVANI GZIRISHVILI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N1452 of 2000 STONE J SYDNEY 6 JULY 2001
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1452 of 2000
BETWEEN: LEVANI GZIRISHVILI
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: STONE J
DATE OF ORDER: 6 JULY 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: the application be dismissed with 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 1452 of 2000
BETWEEN: LEVANI GZIRISHVILI
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: STONE J
DATE: 6 JULY 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT
Introduction 1 The applicant, Mr Levani Gzirishvili, a citizen of Georgia, arrived in Australia on 18 April 1999 ostensibly as part of a Georgian sailing team coming to Sydney to prepare for the 2000 Olympics. On 27 May 1999, he applied to the respondent ("the Minister") for a protection visa to remain in Australia. His application was refused by the Minister's delegate ("Delegate") on 22 June 1999. This refusal was upheld by the Refugee Review Tribunal ("Tribunal") on 17 November 2000. Mr Gzirishvili now applies under s 476(1) of the Migration Act 1958 (Cth) ("the Act") for review of the Tribunal's decision. 2 Section 36 of the Act provides that a criterion for the grant of a protection visa is that the applicant is a non-citizen in Australia to whom Australia has protection obligations under the 1951 Convention Relating to the Status of Refugees done at Geneva, as "amended" by the 1967 Protocol Relating to the Status of Refugees done at New York ("the Convention"). Article 1A(2) of the Convention provides that a refugee is any person who: "owing to 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, is unable or, owing to such fear, is unwilling to return to it."
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