Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NAHD v Minister For Immigration And Multicultural And Indigenous Affairs
[2003] FCA 643
NAHD v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 1429 OF 2002 BENNETT J 25 JUNE 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N1429 OF 2002
BETWEEN: NAHD
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: BENNETT J
DATE OF ORDER: 25 JUNE 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 N1429 OF 2002
BETWEEN: NAHD
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: BENNETT J
DATE: 25 JUNE 2003
PLACE: SYDNEY
EX TEMPORE REASONS FOR JUDGMENT 1 On 30 December 2002, the applicant filed an application under s 39B of the Judiciary Act 1903 in relation to a decision of the Refugee Review Tribunal ('Tribunal'), made on 21 November 2002, affirming a delegate of the respondent's decision to refuse to grant a protection visa to the applicant. The applicant is seeking to set aside the decision of the Tribunal and have the matter remitted to the Tribunal for reconsideration in accordance with the law. The only grounds stated in the application are that the tribunal exceeded jurisdiction and erred in law in arriving at its decision.
background 2 The applicant is a citizen of India and was born on 27 July 1965. In August 2000, he left India and travelled to New Zealand, returning to India in April 2001. The applicant left India a second time on 16 June 2001 and arrived in Australia on 17 June. On 31 July 2001, he applied for a protection visa. On 28 November 2001 a delegate of the respondent refused the application. On 28 December 2001, the applicant sought a review of the delegate's decision by the Tribunal and the Tribunal affirmed the delegate's decision on 21 November 2002.
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