Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
W140/01A v Minister for Immigration & Multicultural Affairs [2001] FCA 1813 Migration Act 1958 (Cth) s 476
Minister for Immigration & Multicultural Affairs v Eshetu (1999) 197 CLR 611 cited Brakni v Minister for Immigration & Multicultural Affairs [2001] FCA 48 cited W140/01A v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS W140 of 2001 RD NICHOLSON J 18 DECEMBER 2001 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 140 of 2001
BETWEEN: W140/01A
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: RD NICHOLSON J
DATE OF ORDER: 18 DECEMBER 2001
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The application be dismissed 2. The applicant pay the respondent's costs of the application. 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 140 of 2001
BETWEEN: W140/01A
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: RD NICHOLSON J
DATE: 18 DECEMBER 2001
PLACE: PERTH
REASONS FOR JUDGMENT 1 The applicant seeks an order of review of a decision of the Refugee Review Tribunal ("the Tribunal") made on 20 April 2001. The decision of the Tribunal affirmed a decision of a delegate of the respondent not to grant a protection visa (Class XA) to the applicant. The application for review is brought in reliance upon s 476 of the Migration Act 1958 (Cth) ("the Act"). 2 These reasons have been prepared in a way designed to anonymise the applicant's identity. 3 The applicant is a citizen of country Z who arrived in Australia on 20 June 2000. His application for a protection visa was lodged on 24 July 2000. 4 The applicant's "core claims" were that he had a well-founded fear of persecution for reasons of political opposition to the ruling fundamentalist leadership, arising out of his refusal to obey orders as a member of the X paramilitary unit. More specifically, the basis for his fear was: "(a) he failed to carry out orders in opposing and breaking up a student demonstration for which he was disciplined and awaits a military court hearing; (b) he assisted several other [X] prisoners from [X] unit to escape with whom he shared detention; (c) he fled the country illegally on a false passport and applied for asylum in Australia which itself would be regarded as an act of political criticism against the regime."
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