Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NAEG of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 763
MIGRATION – application for review of decision of Refugee Review Tribunal affirming a decision of Minister's delegate not to grant a protection visa.
Migration Act 1958 (Cth) NAEG OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NO N 191 OF 2002 BEAUMONT J 18 JUNE 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 191 OF 2002
BETWEEN: NAEG OF 2002
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: BEAUMONT J
DATE OF ORDER: 18 JUNE 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 191 OF 2002
BETWEEN: NAEG OF 2002
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: BEAUMONT J
DATE: 18 JUNE 2002
PLACE: SYDNEY
REASONS FOR JUDGMENT
BEAUMONT j:
INTRODUCTION 1 This is an application for review of a decision of the Refugee Review Tribunal ("the Tribunal") made on 25 January 2002, whereby the Tribunal affirmed a decision of the delegate of the Minister not to grant the applicant a protection visa. The application therefore falls within the "privative clause" regime of s 474(1) of the Migration Act 1958 (Cth) ("the Act") (see below). 2 The application for an order of review, filed on 11 March 2002 was drafted by the applicant. There are no grounds set out in the application or the accompanying affidavit. In the accompanying affidavit, the applicant simply states: "I arrived in Australia on 23 March 1999. I applied for a protection visa on 08/04/1999. The DIMA rejected my application and then I appeal for a review in RRT, but in 21/02/2002 – RRT make a decision itself. I would like to make an appeal for a review in Federal Court. Respected the decision of Honourable Tribunal member Kenneth Northwood in dated 21/02/2002." 3 At a directions hearing on 28 March 2002, the applicant was given (but has not pursued) leave to amend his application.
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