Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NABY of 2001 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1334 APPLICANT NABY OF 2001 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 770 OF 2002 STONE J 29 OCTOBER 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 770 OF 2002
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: APPLICANT NABY OF 2001
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: STONE J
DATE OF ORDER: 29 OCTOBER 2002
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant's solicitor 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 770 OF 2002
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: APPLICANT NABY OF 2001
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: STONE J
DATE: 29 OCTOBER 2002
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal from a decision of a Federal Magistrate given on 10 July 2002. On that date, Raphael FM dismissed the appellant's application for a review of the Refugee Review Tribunal ("Tribunal") decision that the appellant was not entitled to a protection visa under the Migration Act 1958 (Cth) ("the Act"). The Chief Justice determined, pursuant to s 25(1A) of the Federal Court of Australia Act 1976 (Cth), that the appellate jurisdiction of the Court in this proceeding was to be exercised by a single judge.
BACKGROUND 2 The appellant is a citizen of India and a member of the Sikh religion. He arrived in Australia on 3 October 1999 and applied for a protection visa on 2 November 1999. His application was refused by the respondent's delegate on 15 November 1999. The Tribunal affirmed the delegate's decision on 25 October 2001. An application for a review of the Tribunal's decision was filed on 20 November 2001.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate