Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NAXM v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1538
NAXM v MINISTER FOR IMMIGRATION & MULTICULTURAL &
INDIGENOUS AFFAIRS N 1800 of 2003 LINDGREN J 16 DECEMBER 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1800 OF 2003
BETWEEN: NAXM
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: LINDGREN J
DATE OF ORDER: 16 DECEMBER 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 1800 OF 2003
BETWEEN: NAXM
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: LINDGREN J
DATE: 16 DECEMBER 2003
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The applicant is a national of the People's Republic of China. She arrived in Australia on 18 November 2002. On 3 December 2002 she lodged an application for a protection visa with the Department of Immigration and Multicultural and Indigenous Affairs ('the Department') under the Migration Act 1958 (Cth) ('the Act'). 2 On 16 December 2002 a delegate of the respondent ('the Delegate' and 'the Minister', respectively) refused to grant a protection visa. 3 On 15 January 2003 the applicant applied to the Refugee Review Tribunal ('the RRT') for a review of the Delegate's decision. On 25 September 2003 the RRT decided to affirm the Delegate's decision. The RRT's decision was handed down on 21 October 2003. 4 The applicant commenced this proceeding on 10 November 2003. It purports to be an application under s 39B of the Judiciary Act 1903 (Cth). According to the application by which the proceeding was commenced, the applicant contends that the RRT: * ignored parts of her claims expressed in the statement attached to her application for the visa; * ignored relevant material; and * reached a decision that could not reasonably have been reached or that was without reasonable or rational foundation.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate