Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NAAQ v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 253 MIGRATION – application for judicial review of decision of Refugee Review Tribunal - no point of principle.
Migration Act 1958 (Cth) NAAQ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 1445 of 2001 MOORE J 19 MARCH 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1445 of 2001
BETWEEN: NAAQ
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE OF ORDER: 19 MARCH 2002
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application 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
NEW SOUTH WALES DISTRICT REGISTRY N 1445 of 2001
BETWEEN: NAAQ
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE: 19 MARCH 2002
PLACE: SYDNEY
REASONS FOR JUDGMENT
Introduction 1 This is an application by NAAQ ("the applicant") for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") of 25 September 2001 affirming a decision of a delegate of the Minister for Immigration and Multicultural Affairs ("the Minister"), refusing to grant the applicant a protection visa. The criterion for the grant of such a visa is that the applicant is a person to whom Australia has protection obligations under the Convention Relating to the Status of Refugees of 28 July 1951 as amended by the Protocol Relating to the Status of Refugees of 31 January 1967 ("the Convention").
Background 2 The applicant, who is a citizen of Malaysia, arrived in Australia on 19 January 2000. On 6 March 2000 he lodged an application with the Department of Immigration and Multicultural Affairs for a protection visa under the Migration Act 1958 (Cth) ("the Act"). On 14 March 2000 a delegate of the Minister refused to grant a protection visa and on 3 July 2000 the Tribunal affirmed the delegate's decision. The applicant then sought review of that decision by this Court which remitted the matter to the Tribunal, differently constituted, for determination according to law. 3 Essentially the applicant fears persecution, if forced to return to Malaysia, on the grounds of his ethnicity, Christianity and prior drug-taking history.
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