Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
WAJP v Minister for Immigration & Multicultural & Indigenous Affairs
[2003] FCA 1393
WAJP v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W139 OF 2003 CARR J 28 NOVEMBER 2003 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W139 OF 2003
BETWEEN: WAJP
Appellant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
Respondent
JUDGE: CARR J
DATE OF ORDER: 28 NOVEMBER 2003
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W139 OF 2003
BETWEEN: WAJP
Appellant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
Respondent
JUDGE: CARR J
DATE: 28 NOVEMBER 2003
PLACE: PERTH
REASONS FOR JUDGMENT
introduction 1 This is an appeal from a decision of a Federal Magistrate given on 12 June 2003. His Honour's decision was to dismiss the appellant's application for an order of review of a decision of the Refugee Review Tribunal, made on 6 February 2003, to affirm a decision of a delegate of the respondent not to grant the appellant a protection visa. The Chief Justice, acting under s 25(1A) of the Federal Court of Australia Act 1976 (Cth) directed that the appeal be heard by a single judge.
factual and procedural background 2 The appellant is a citizen of Sri Lanka who was born on 1 July 1980. He arrived in Australia on 15 September 2001. He had previously been detained on Cocos (Keeling) Island where he had landed by boat. On 26 September 2002 he lodged an application for a protection visa. On 13 November 2002, a delegate of the respondent refused to grant that visa. On 19 November 2002 the appellant sought review of that decision by the Refugee Review Tribunal which conducted a hearing on 24 January 2003.
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