Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NADK v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 269 MIGRATION – application for protection visa – no principle of law raised.
Migration Act 1958 (Cth) NADK v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 1665 of 2001 MOORE J 19 MARCH 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1665 of 2001
BETWEEN: NADK
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 1665 of 2001
BETWEEN: NADK
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 for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") of 6 December 2001 affirming a decision of a delegate of the Minister for Immigration and Multicultural and Indigenous 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.
Background 2 The applicant, who is a citizen of India, arrived in Australia on 1 January 1998 on a student visa. On 2 May 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 8 June 2000 a delegate of the Minister refused to grant a protection visa and 3 July 2000 the Tribunal affirmed the delegate's decision.
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