Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
W36/2001 v Minister for Immigration & Multicultural Affairs [2001] FCA 1115
W36/2001 v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS W 36 OF 2001 HELY J 9 AUGUST 2001 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 36 OF 2001
BETWEEN: W36/2001
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: HELY J
DATE OF ORDER: 9 AUGUST 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The applicant should be referred to only as W36/2001. 2. The application should 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
WESTERN AUSTRALIA DISTRICT REGISTRY W 36 OF 2001
BETWEEN: W36/2001
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: HELY J
DATE: 9 AUGUST 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an application under Part 8 of the Migration Act 1958 (Cth) ("the Act") seeking review of a decision of the Refugee Review Tribunal ("RRT") given on 16 January 2001. By that decision RRT affirmed the decision of the Minister's delegate not to grant a protection visa to the applicant. 2 The applicant arrived in Australia on 9 September 2000. He is a stateless Palestinian who has lived all of his life in Syria. He claimed a well‑founded fear of persecution if returned to Syria, his country of habitual residence, on the ground of his political opinion and his religious affiliation. The applicant claimed that he was detained and tortured for political reasons and treated more harshly whilst in detention because he was a Sunni Muslim. He said that he left Syria illegally. 3 RRT did not accept any of the applicant's claims. In particular it did not accept that the applicant left Syria illegally. RRT found that the applicant left Syria legally on a genuine travel document without experiencing any problems. As a Palestinian registered with UNWRA, the applicant has the right to reside in Syria indefinitely with most of the rights of a Syrian national, including the right to travel abroad and to return to Syria. 4 Review of RRT's decision is sought on the ground that: - RRT's reasons for decision do not contain any reference to the question of how the applicant might be treated on his return to Syria:
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