Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Loubany v Minister for Immigration & Multicultural Affairs [2001] FCA 1205
MOHAMMAD ALI LOUBANY v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 215 of 2001 MOORE J 29 AUGUST 2001 SYDNEY (HEARD IN PERTH)
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIAN DISTRICT REGISTRY W 215 of 2001
BETWEEN: MOHAMMAD ALI LOUBANY
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 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 AUSTRALIAN DISTRICT REGISTRY W 215 of 2001
BETWEEN: MOHAMMAD ALI LOUBANY
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 Mohammad Ali Loubany ("the applicant") for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") given on 29 May 2001. The Tribunal decision affirmed 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 Palestinian male who was born in Syria where he has resided since birth at the Al-Yarmouk Palestinian refugee camp. He arrived in Australia on 23 August 2000 and on 8 March 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 23 April 2001 a delegate of the Minister refused the grant of a protection visa and the applicant subsequently applied to the Tribunal for review of that decision.
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