Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NABD v Minister for Immigration and Multicultural Affairs [2002] FCA 331 IMMIGRATION – application for protection visa – no principle of law raised. Migration Act 1958 (Cth)
APPLICANT NABD V MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N1492 OF 2001 MOORE J 25 MARCH 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1492 OF 2001
BETWEEN: NABD
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE OF ORDER: 25 MARCH 2002
WHERE MADE: SYDNEY
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
NEW SOUTH WALES DISTRICT REGISTRY N 1492 OF 2001
BETWEEN: NABD
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE: 25 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") given on 24 October 2001, in which the Tribunal affirmed 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 Sri Lanka, arrived in Australia on 13 June 2001. On 18 June 2001 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 7 August 2001 a delegate of the Minister refused to grant a protection visa. On 8 August 2001 the applicant sought the review of that decision by the Tribunal.
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