Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
W265/01A v Minister for Immigration & Multicultural Affairs [2002] FCA 356 Migration Act 1958 (Cth) s 476 Minister for Immigration & Ethnic Affairs v Guo (1997) 191 CLR 559 referred to Abebe v Commonwealth of Australia (1999) 197 CLR 510 referred to Minister for Immigration & Multicultural Affairs v Yusuf (2001) 180 ALR 1 referred to W265/01A v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS W 265 of 2001 RD NICHOLSON J 28 MARCH 2002 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 265 of 2001
BETWEEN: W265/01A
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: RD NICHOLSON J
DATE OF ORDER: 28 MARCH 2002
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 265 of 2001
BETWEEN: W265/01A
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: RD NICHOLSON J
DATE: 28 MARCH 2002
PLACE: PERTH
REASONS FOR JUDGMENT 1 The applicant, a citizen of Iran, arrived in Australia on 24 March 2000 and lodged an application for a protection (class XA) visa on 1 June 2000. 2 On 22 February 2001 a delegate of the respondent made a decision refusing to grant a protection visa to the applicant. On 28 February 2001 he applied to the Refugee Review Tribunal ("the Tribunal") for review of that decision. 3 Following a hearing on 23 April 2001 at which the applicant gave oral evidence, the Tribunal made a decision on 28 June 2001 affirming the delegate's decision not to grant a protection visa to the applicant. 4 On 29 June 2001 the applicant lodged an application for review of the Tribunal's decision with the Perth Registry of the Federal Court pursuant to s 476 of the Migration Act 1958 (Cth) ("the Act"). The application was filed in person and contained no ground of review, the applicant stating: "the Tribunal's decision must be set aside and I will send to you error of decision as soon as possible". No grounds have since been supplied.
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