Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Applicant S80 of 2002 v Refugee Review Tribunal [2003] FCA 1441 APPLICANT S80 OF 2002 v REFUGEE REVIEW TRIBUNAL & ANOR N226 OF 2003 EMMETT J 27 OCTOBER 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N226 OF 2003
BETWEEN: APPLICANT S80 OF 2002
APPLICANT
AND: REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
SECOND RESPONDENT
JUDGE: EMMETT J
DATE OF ORDER: 27 OCTOBER 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. the application be dismissed; 2. the applicant pay the second 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 N226 OF 2003
BETWEEN: APPLICANT S80 OF 2002
APPLICANT
AND: REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
SECOND RESPONDENT
JUDGE: EMMETT J
DATE: 27 OCTOBER 2003
PLACE: SYDNEY
REASONS FOR JUDGMENT
1 The applicant is a citizen of Korea. He first arrived in Australia on 25 February 1993. He departed Australia on 8 April 1993 and returned to Korea, arriving for the second time in Australia on 30 April 1993 and departing on 19 January 1994, again returning to Korea. The applicant arrived for the third time in Australia on 21 February 1994 and departed Australia on 19 May 1994 for Japan. He arrived for a fourth time in Australia on 1 June 1994.
2 On 2 June 1995, he lodged an application under the Migration Act 1958 (Cth) ('the Act') for a protection visa. On 18 April 1997, a delegate of the second respondent, the Minister for Immigration and Multicultural and Indigenous Affairs ('the Minister'), refused to grant a protection visa and, on 28 April 1997, the applicant sought review of that decision by the Refugee Review Tribunal ('the Tribunal'). On 10 August 1998, the Tribunal affirmed the decision not to grant a protection visa.
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