Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NAWN v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 328
MIGRATION – protection visa – appellant claims a well-founded fear of persecution for assisting in the Christian conversion of a Hindu in India – adverse findings as to the appellant's credit – whether findings open to the RRT on the material before it – state protection
Minister for Immigration and Multicultural Affairs v Kandasamy [2000] FCA 67 cited Minister for Immigration and Multicultural Affairs v Respondents S152/2003 (2004) 205 ALR 487 applied Horvath v Secretary of State for the Home Department [2001] 1 AC 489 cited NAWN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 118 of 2005 SACKVILLE J SYDNEY 1 APRIL 2005
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 118 of 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: NAWN
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: SACKVILLE J
DATE OF ORDER: 1 APRIL 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant 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 NSD 118 of 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: NAWN
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: SACKVILLE J
DATE: 1 APRIL 2005
PLACE: SYDNEY
REASONS FOR JUDGMENT
THE APPEAL 1 This is an appeal from a decision of the Federal Magistrates Court handed down on 20 January 2005: [2005] FMCA 70. The learned Magistrate dismissed an application for judicial review of the decision of the Refugee Review Tribunal ('RRT') made on 18 September 2003. The RRT affirmed a decision of a delegate of the respondent ('the Minister'), made on 10 February 2003, not to grant the appellant a protection visa.
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