Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Al-Mamun v Minister for Immigration & Multicultural Affairs [2001] FCA 1302
MIGRATION – no question of principle to be decided. MOHAMMED ABDULLAH AL-MAMUN v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 241 OF 2001 LEE, BRANSON & STONE JJ SYDNEY 27 AUGUST 2001
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY N 241 OF 2001
BETWEEN: MOHAMMED ABDULLAH AL-MAMUN
APPELLANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGES: LEE, BRANSON & STONE JJ
DATE OF ORDER: 27 AUGUST 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: The appeal 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 N 241 OF 2001
BETWEEN: MOHAMMED ABDULLAH AL-MAMUN
APPELLANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGES: LEE, BRANSON & STONE JJ
DATE: 27 AUGUST 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT
THE COURT: 1 The appellant is a citizen of Bangladesh. He arrived in Australia in February 2000 on a student visa to commence studies at Charles Sturt University at Wagga Wagga in this State. He returned to Bangladesh because of the illness of his father in April 2000. He then returned to Australia pursuant to the visa in the same month. 2 He made application to the Minister's Department to have the conditions on his visa changed to enable him to transfer his place of study. It appears that application was not acceded to and a decision was made by the Minister, or his delegate, to cancel the applicant's visa and place him in migration detention. That occurred in July 2000. 3 In August 2000 the appellant applied for a protection visa. The claims made in support of that application were that he feared harm at the hands of youths and others who, he believed, were members of the Awami League. The claims were considered and rejected first by a delegate of the Minister and, second, upon an application for review by the appellant, by the Refugee Review Tribunal ("the Tribunal"). The appellant applied to this Court for review of the decision of the Tribunal. The application for review was heard by Wilcox J who said as follows in disposing of the application:
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