Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
VBC v Minister for Immigration & Multicultural Affairs [2002] FCA 533
Judiciary Act 1903 (Cth) s 39B
Migration Act 1958 (Cth) s 475A
Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407 followed
Chan Yee Kin v Minister for Immigration & Ethnic Affairs (1989) 169 CLR 379 referred to
VBC v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 1202 OF 2001 MARSHALL J MELBOURNE 29 APRIL 2002
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 1201 OF 2001
BETWEEN: VBC
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MARSHALL J
DATE OF ORDER: 29 APRIL 2002
WHERE MADE: MELBOURNE
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
VICTORIA DISTRICT REGISTRY V 1201 OF 2001
BETWEEN: VBC
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MARSHALL J
DATE: 29 APRIL 2002
PLACE: MELBOURNE
REASONS FOR JUDGMENT 1 This is an application pursuant to s 39B of the Judiciary Act 1903 (Cth), in which s 475A of the Migration Act 1958 (Cth) ("the Act") is also called in aid by the applicant. By his application, the applicant seeks judicial review of a decision of the Refugee Review Tribunal ("the RRT"). The RRT has affirmed a decision of a delegate of the respondent to refuse to grant a protection visa to the applicant.
Background 2 The applicant is a citizen of Sri Lanka who is of Sinhalese ethnicity. He entered Australia on 25 September 1999 with his wife and two children. On 5 October 1999, the applicant and his family applied for protection visas, claiming that the applicant had a well founded fear of persecution if returned to Sri Lanka. His "well founded fear" was based upon political opinion of two sorts which would be imputed to him. The first was as a supposed supporter of the Liberation Tigers of Tamil Eelam ("the LTTE"). The second was as an actual supporter of the United National Party ("the UNP").
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