Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NAJD v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 361 NAJD V MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 104 of 2003 MOORE J SYDNEY 24 APRIL 2003
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N104 OF 2003
BETWEEN: NAJD
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE OF ORDER: 24 APRIL 2003
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 104 OF 2003
BETWEEN: NAJD
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE: 24 APRIL 2003
PLACE: SYDNEY
REASONS FOR JUDGMENT Background 1 This is an application for judicial review of a decision of the Refugee Review Tribunal ("The Tribunal") of 2 January 2003, affirming a decision of a delegate of the Minister for Immigration & Multicultural & Indigenous Affairs ("the Minister") refusing to grant the applicant a Protection (Class XA) Visa under the Migration Act 1958 (Cth) ("the Act"). The criterion for the grant of such a visa is, subject to subd AL of Div 3 of the Act, 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"). 2 The applicant is a citizen of Israel. He arrived in Australia on 30 January 1997. On 26 September 2002 the applicant lodged an application for a protection visa with the Department of Immigration and Multicultural Affairs. On 2 October 2002 a delegate of the Minister refused to grant the applicant a protection visa. The applicant applied to the Tribunal for a review of that decision on 4 October 2002.
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