Applicant NASL of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 722

FEDERAL COURT OF AUSTRALIA

Applicant NASL of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 722 APPLICANT NASL OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N405 OF 2003 BENNETT J 17 JULY 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N405 OF 2003

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: NASL

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: BENNETT J

DATE OF ORDER: 17 JULY 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. the appeal be dismissed 2. the appellant 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 N405 OF 2003

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: NASL

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: BENNETT J

DATE: 17 JULY 2003

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The appellant is a citizen of Peru who arrived in Australia with his wife and son on 20 February 2001. On 6 April 2001 he lodged an application for a protection (Class XA) visa. On 21 May 2001 a delegate of the respondent refused to grant the protection visa and on 4 June 2001 the appellant applied for a review of that decision by the Refugee Review Tribunal ('the Tribunal'). The Tribunal interviewed the appellant and his wife and made its decision on 28 June 2002, handing it down on 23 July 2002. The appellant applied to the Federal Magistrates Court for review of the Tribunal's decision and on 12 March 2003 Raphael FM dismissed the application. This is an appeal from that decision. Pursuant to s 25(1A) of the Federal Court of Australia Act 1976 (Cth), the Chief Justice directed the appeal be heard by a single judge of the Court.