Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mulla v Minister for Immigration & Multicultural Affairs [2001] FCA 934
MIGRATION – Application for a protection visa – review of decision of the Refugee Review Tribunal –Tribunal sent invitation to oral hearing to applicant's address for service – adviser acting for the applicant accepted invitation - applicant did not attend the hearing – Tribunal made a decision without hearing oral evidence from the applicant – whether this constituted judicially reviewable error. Migration Act 1958 (Cth) ss 425, 425A, 441A Xiao v Minister for Immigration and Multicultural Affairs [2000] FCA 1472 referred to Hossain v Minister for Immigration and Multicultural Affairs [2000] FCA 842 referred to Algama v Minister for Immigration and Multicultural Affairs [2001] FCA 476 referred to MOHEMMAD RAFEEQ MULLA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 312 of 2001 MOORE J 19 JULY 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 312 of 2001
BETWEEN: MOHEMMAD RAFEEQ MULLA
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE OF ORDER: 19 JULY 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application is 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 312 OF 2001
BETWEEN: MOHEMMAD RAFEEQ MULLA
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE: 19 JULY 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT
Introduction 1 This is an application by Mohemmad Rafeeq Mulla ("the applicant") for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") of 12 February 2001, affirming a decision of a delegate of the Minister for Immigration and Multicultural Affairs ("the Minister") refusing to grant the applicant a protection visa. The criterion for the grant of such a visa is that the applicant is a person to whom Australia has protection obligations under the Convention Relating to the Status of Refugees of 28 July 1951 as amended by the Protocol Relating to the Status of Refugees of 31 January 1967 ("the Convention").
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