NACW v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 268

FEDERAL COURT OF AUSTRALIA

NACW v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 268 MIGRATION – Application for a protection visa – no point of principle raised.

Migration Act 1958 (Cth) NACW v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 1597 of 2001 MOORE J 19 MARCH 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1597 of 2001

BETWEEN: NACW

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 1597 of 2001

BETWEEN: NACW

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 NACW ("the applicant") for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") of 7 November 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"). At the hearing of the application on 13 March 2002, I ordered that the application be dismissed with costs. These are my reasons.