Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Adil v Minister for Immigration and Multicultural Affairs [2001] FCA 1801
MIGRATION – review of decision by Refugee Review Tribunal affirming respondent's refusal to grant protection visa – applicant claimed to be citizen of Afghanistan – Tribunal disbelieved him and found that applicant was not from Afghanistan and thus had not been persecuted in that country as he had claimed – whether Tribunal, having disbelieved applicant, was obliged to consider other evidence – whether Tribunal had failed to consider such other evidence – whether Tribunal obliged to decide upon the applicant's real nationality – whether Tribunal fell into error of law, other reviewable error or jurisdictional error. Migration Act 1958 (Cth), s 476(1)(b), (c), (e) Hussain v Minister for Immigration and Multicultural Affairs [2001] FCA 523 referred to MUHAMMAD ADIL v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 423 of 2001 CARR J 13 DECEMBER 2001 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 423 OF 2001
BETWEEN: MUHAMMAD ADIL
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: CARR J
DATE OF ORDER: 13 DECEMBER 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 423 OF 2001
BETWEEN: MUHAMMAD ADIL
Applicant
AND: MINISTER FOR IMMIGRATION AND
MULTICULTURAL AFFAIRS
Respondent
JUDGE: CARR J
DATE: 13 DECEMBER 2001
PLACE: PERTH
REASONS FOR JUDGMENT
INTRODUCTION 1 This is an application for an order of review of a decision of the Refugee Review Tribunal, made on 27 August 2001, by which the Tribunal affirmed the decision of a delegate of the respondent not to grant a protection visa to the applicant. The applicant, who claims to be a citizen of Afghanistan, arrived in Australia on 1 March 2001. On 3 April 2001 he lodged an application for a protection visa with the Department of Immigration and Multicultural Affairs under the Migration Act 1958 (Cth)("the Act"). On 7 June 2001 a delegate of the respondent refused to grant a protection visa and on 8 June 2001 the applicant applied for review of that decision.
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