Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NAXR v Minister for Immigration & Multicultural & Indigenous Affairs
[2004] FCA 413
NAXR V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
N1975 OF 2003 BENNETT J SYDNEY 4 MARCH 2004
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N1975 OF 2003
BETWEEN: NAXR
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: BENNETT J
DATE OF ORDER: 4 MARCH 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application is dismissed with 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 N1975 OF 2003
BETWEEN: NAXR
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: BENNETT J
DATE: 4 MARCH 2004
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The applicant is a citizen of Pakistan who entered Australia on a student visa on 20 April 1999. On 26 April 2002, he lodged an application for a protection (Class XA) visa. The applicant declined to attend an interview with the Department of Immigration and Multicultural and Indigenous Affairs and the application was decided 'on the basis of the information at hand'. On 19 September 2002, a delegate of the respondent ('the Delegate') refused to grant the protection visa and on 10 October 2002, the applicant applied for a review of the Delegate's decision by the Refugee Review Tribunal ('the Tribunal'). The applicant attended a hearing before the Tribunal on 19 September 2003 and on 28 October 2003 the Tribunal handed down its decision affirming the decision of the Delegate not to grant a protection visa. On 17 November 2003, the applicant applied to this Court under s 39B of the Judiciary Act 1903 (Cth) for review of the Tribunal's decision. 2 When the matter came on for hearing the applicant appeared in person assisted by an interpreter. The applicant was also attended by a friend who, in addition to the applicant, addressed the Court on his behalf. That friend was, I was informed, a person who also attended the Tribunal hearing with the applicant.
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