Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NAAB v Minister for Immigration & Multicultural Affairs [2001] FCA 1768
NAAB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1395 of 2001
STONE J 11 DECEMBER 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1395 OF 2001
BETWEEN: NAAB
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: STONE J
DATE OF ORDER: 11 DECEMBER 2001
WHERE MADE: SYDNEY
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
NEW SOUTH WALES DISTRICT REGISTRY N 1395 OF 2001
BETWEEN: NAAB
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: STONE J
DATE: 11 DECEMBER 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The applicant, a citizen of Sri Lanka, arrived in Australia on a student visa in October 1997. He returned to Sri Lanka for short periods in November 1998 and December 1999 returning to Australia in January 2000. The applicant's visa expired in May 2000 and his application for a protection visa under the Migration Act 1958 (Cth) ("Act") was refused by a delegate of the respondent Minister on 1 August 2001. That decision was affirmed by the Refugee Review Tribunal ("Tribunal") on 28 September 2001. On 4 October 2001 the applicant filed an application in this Court for a review of that decision. The grounds of review were not specified, the application merely stating that the details would be sent later.
the applicant's claims 2 The applicant's claim for a protection visa arises from his alleged association with a Tamil family. The association is said to have led to the arrest of the applicant in December 1999 and to his detention and interrogation while in custody. Having been released through the intervention of his parents the applicant went to Colombo. He claimed that his family's concern for his safety led to his father organising a student visa that secured his entry to Australia. The applicant claimed that during his visits to Sri Lanka in November 1998 and December 1999 he learned that his Tamil friend was suspected of supporting the Liberation Tigers of Tamil Eelam ("LTTE"). He claimed that during the second visit his friend was arrested. 3 The applicant was advised in a letter from the Tribunal dated 20 August 2001 that he had not provided enough evidence for a favourable finding by the Tribunal in relation to his application and was asked to attend a hearing "to give oral evidence, and present arguments" in support of his claims. The applicant did not attend either the original hearing or a rescheduled hearing, nor did he submit any further evidence.
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