NAMD v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 445

FEDERAL COURT OF AUSTRALIA

NAMD v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 445

MIGRATION – no point of principle NAMD v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1851 OF 2004

MOORE J 23 MARCH 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1851 OF 2004

BETWEEN: NAMD

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 23 MARCH 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs. 3. Costs be fixed in the sum of $1000. 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 1851 OF 2004

BETWEEN: NAMD

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MOORE J

DATE: 23 MARCH 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an application for leave to appeal against a judgment of a Federal Magistrate made on 1 December 2004 dismissing an application for review of a decision of the Refugee Review Tribunal ("the Tribunal"). On 26 February 2003 the Tribunal affirmed a decision of a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs ("the Minister") not to grant the applicant a protection visa. 2 The applicant is a citizen of Bangladesh. He arrived in Australia on 29 July 2000. He was detained on 1 October 2002. On 6 December 2002 he lodged an application for a protection (class XA) visa with the Department of Immigration and Multicultural and Indigenous Affairs. On 7 January 2003 a delegate of the Minister refused to grant the protection visa and on 16 January 2003 the applicant applied to the Tribunal for review of that decision.