Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kesic v Minister for Immigration and Multicultural Affairs [2001] FCA 1216
Migration Act 1958 (Cth) MILAN KESIC v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 233 of 2001 SPENDER, GRAY and BRANSON JJ SYDNEY 14 AUGUST 2001
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 233 of 2001
BETWEEN: MILAN KESIC
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGES: SPENDER, GRAY AND BRANSON JJ
DATE OF ORDER: 14 AUGUST 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the costs of the respondent. 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 233 of 2001
BETWEEN: MILAN KESIC
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGES: SPENDER, GRAY AND BRANSON JJ
DATE: 14 AUGUST 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT
THE COURT
INTRODUCTION 1 This is an appeal from a decision of Sackville J of 27 February 2001. His Honour dismissed an application for review of a decision of the Refugee Review Tribunal ("the Tribunal"). The Tribunal had on 16 November 2000 affirmed a decision of a delegate of the Minister not to grant the appellant ("Mr Kesic") a protection visa. 2 A criterion for the grant of a protection visa is that the visa applicant is a non-citizen in Australia to whom Australia has protection obligations under the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 as amended by the Protocol relating to the Status of Refugees done at New York on 31 January 1967 (together referred to as "the Refugees Convention"). Australia will have protection obligations under the Refugees Convention to Mr Kesic if he is a person who: "owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country…."
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