Al Riahi v Minister for Immigration & Multicultural Affairs [2001] FCA 1086

FEDERAL COURT OF AUSTRALIA

Al Riahi v Minister for Immigration & Multicultural Affairs [2001] FCA 1086

RAMZI IBN AL JILANI ISMAIL AL RIAHI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W178 of 2001 CARR J 9 AUGUST 2001 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 178 of 2001

BETWEEN: RAMZI IBN AL JILANI ISMAIL AL RIAHI

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: CARR J

DATE OF ORDER: 9 AUGUST 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 178 of 2001

BETWEEN: RAMZI IBN AL JILANI ISMAIL AL RIAHI

Applicant

AND: MINISTER FOR IMMIGRATION AND

MULTICULTURAL AFFAIRS

Respondent

JUDGE: CARR J

DATE: 9 AUGUST 2001

PLACE: PERTH

EX TEMPORE REASONS FOR JUDGMENT

intoduction 1 This is an application for an order of review of a decision made by the Refugee Review Tribunal ("the Tribunal") on 9 May 2001, by which the Tribunal affirmed the decision of a delegate of the respondent not to grant a protection visa to the applicant. The applicant who is a citizen of Tunisia, arrived in Australia on 12 July 2000. On 27 September 2000 he lodged an application for a protection visa with the Department of Immigration and Multicultural Affairs under the Migration Act 1958 (Cth) ("the Act"). In his protection application he said that a smuggler had taken his passport. On 7 December 2000 a delegate of the respondent refused to grant a protection visa to the applicant. On 15 December 2000 the applicant applied to the Tribunal for review of that decision.