Ahmed v Minister for Immigration & Multicultural Affairs [2001] FCA 1252

FEDERAL COURT OF AUSTRALIA

Ahmed v Minister for Immigration & Multicultural Affairs [2001] FCA 1252 ARFAN AHMED v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS W 113 OF 2001 EMMETT J 3 AUGUST 2001 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 113 OF 2001

BETWEEN: ARFAN AHMED

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 3 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 113 OF 2001

BETWEEN: ARFAN AHMED

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: EMMETT J

DATE: 3 AUGUST 2001

PLACE: PERTH

REASONS FOR JUDGMENT 1 The applicant is a citizen of Pakistan. He arrived in Australia on 4 December 2000. On 3 January 2001 he lodged an application for a Protection (Class XA) visa with the Department of Immigration and Multicultural Affairs ("the Department"). On 11 January 2001, a delegate of the respondent, the Minister for Immigration and Multicultural Affairs ("the Minister"), refused to grant a protection visa. On 17 January 2001 the applicant applied to the Refugee Review Tribunal ("the Tribunal") for a review of that decision. On 16 March 2001 the Tribunal affirmed the decision not to grant a protection visa. 2 On 18 April 2001, the applicant filed an application for an order for review with this Court. The application was filed by a legal practitioner. However, when the matter came on for hearing today, the applicant was unrepresented. Nevertheless, he was assisted in the hearing today by an interpreter. 3 The application for an order for review specified the following grounds: (1) the decision involved errors of law; (2) the Tribunal failed to observe the procedures required by s 430 of the Migration Act 1958 (Cth) ("the Act") in that it failed to set out its findings on material questions of fact or refer to the evidence on which its findings were based; (3) there was no evidence or other material to support the Tribunal's findings.