Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NAMO v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1419
MIGRATION – no point of principle NAMO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1210 OF 2004 MOORE J 3 NOVEMBER 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1210 OF 2004
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: NAMO
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE OF ORDER: 3 NOVEMBER 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. The appellant pay the costs of the respondent. 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 NSD 1210 OF 2004
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: NAMO
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE: 3 NOVEMBER 2004
PLACE: SYDNEY
REASONS FOR JUDGMENT
Introduction 1 This is an appeal from a judgment of Federal Magistrate Raphael of 20 July 2004, dismissing an application for judicial review of a decision made by the Refugee Review Tribunal ("the Tribunal"). The Tribunal had affirmed a decision of a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs ("the Minister") to refuse to grant the appellant a protection (class XA) visa under the Migration Act 1958 (Cth) ("the Act").
Background 2 The appellant is a national of India. He claimed to be a Tamil Muslim of the Islamic faith. He arrived in Australia on 22 March 2002. On 10 April 2002, he applied to the Department of Immigration and Multicultural and Indigenous Affairs ("the Department") for a protection (class XA) visa, which was refused by a delegate of the Minister on 28 June 2002. On 5 July 2002, the appellant lodged an application with the Tribunal for review of the delegate's decision. The Tribunal affirmed the delegate's decision not to grant the protection (class XA) visa by a decision made on 3 March 2003.
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