Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
V1043/00A v Minister for Immigration and Multicultural Affairs [2001] FCA 910 Applicant C v Minister for Immigration and Multicultural Affairs [2001] FCA 229 considered Al Zafiry v Minister for Immigration and Multicultural Affairs [1999] FCA 1472 applied Minister for Immigration and Multicultural Affairs v Al‑Sallal (1999) 94 FCR 549 applied Al‑Rahal v Minister for Immigration and Multicultural Affairs [2000] FCA 1005 applied Patto v Minister for Immigration and Multicultural Affairs [2000] FCA 1554 cited Tharmalingam v Minister for Immigration and Multicultural Affairs [1999] FCA 1180 considered S115/00A v Minister for Immigration and Multicultural Affairs [2001] FCA 540 considered Kola v Minister for Immigration and Multicultural Affairs [2001] FCA 630 considered V1043/00A v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 1043 OF 2000 SUNDBERG J 18 JULY 2001 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 1043 OF 2000
BETWEEN: V1043/00A
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: SUNDBERG J
DATE OF ORDER: 18 JULY 2001
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 1043 OF 2000
BETWEEN: V1043/00A
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: SUNDBERG J
DATE: 18 JULY 2001
PLACE: MELBOURNE
REASONS FOR JUDGMENT BACKGROUND 1 The applicant is a citizen of Iraq. He left Iraq and entered Syria in September 1996. He lived there with his wife and children for about three years. He then travelled to Australia via Indonesia, arriving as an illegal boat entrant on 29 November 1999. His wife and children remained in Syria. The applicant lodged an application for a protection visa on 29 February 2000 which was refused by the respondent's delegate. The Refugee Review Tribunal ("the Tribunal") affirmed the delegate's decision. The applicant applied to the Court for review of the Tribunal's decision pursuant to Part 8 of the Migration Act 1958 ("the Act").
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