Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
W187/2001 v Minister for Immigration & Multicultural Affairs [2001] FCA 1204
W187/2001 v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS W 187 of 2001 MOORE J 29 AUGUST 2001 SYDNEY (HEARD IN PERTH)
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIAN DISTRICT REGISTRY W 187 of 2001
BETWEEN: W187/2001
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE OF ORDER: 29 AUGUST 2001
WHERE MADE: SYDNEY (HEARD IN PERTH)
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
WESTERN AUSTRALIAN DISTRICT REGISTRY W 187 of 2001
BETWEEN: W 187/2001
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE: 29 AUGUST 2001
PLACE: SYDNEY (HEARD IN PERTH)
REASONS FOR JUDGMENT
Introduction 1 This is an application by an Iranian male ("the applicant") for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") given on 30 April 2001, affirming a decision of a delegate of the Minister for Immigration and Multicultural Affairs ("the Minister") not 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").
Background 2 The applicant is a twenty-nine year old male from Iran. He arrived in Australia on 23 December 2000 and on 21 January 2001 lodged an application with the Department of Immigration and Multicultural Affairs for a protection visa under the Migration Act 1958 (Cth) ("the Act"). On 12 February 2001 a delegate of the Minister refused the grant of a protection visa and on 14 February 2001 the applicant applied to the Tribunal for review of that decision.
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