FEDERAL COURT OF AUSTRALIA
Applicant S381 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1552
APPLICANT S381 OF 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 1274 OF 2004
WHITLAM J
22 OCTOBER 2004
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 1274 OF 2004
BETWEEN:
APPLICANT S381 OF 2003
APPLICANTAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENTJUDGE:
WHITLAM J
DATE OF ORDER:
22 OCTOBER 2004
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The application is refused.
2.The applicant pay the respondent’s costs fixed in the sum of $1100.00.
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 1274 OF 2004
BETWEEN:
APPLICANT S381 OF 2003
APPLICANTAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE:
WHITLAM J
DATE:
22 OCTOBER 2004
PLACE:
SYDNEY
REASONS FOR JUDGMENT
This is an application for leave to appeal from a judgment of Emmett J dismissing an application for an order nisi for constitutional writ relief in respect of a so-called ‘decision’ of a delegate of the respondent on 6 March 1992 and a decision of the Immigration Review Tribunal on 21 February 1997: S381 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1292. The background to the proceeding is set out in the very helpful judgment of Emmett J.
The applicant has not attended at the appointed time for the hearing today. I order that the application be refused and that the applicant pay the respondent’s costs fixed in the amount of $1,100.
I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Whitlam.
Associate:
Dated: 29 November 2004
The applicant did not appear
Solicitor for the respondent:
Mrs Elizabeth Knight from the Australian Government Solicitor
Date of hearing:
22 October 2004
Date of judgment:
22 October 2004
- AGLC
- Applicant S381 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1552
- Case
- [2004] FCA 1552
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether the applicant met the criteria for a protection visa under the Migration Act 1958 and whether the Minister's decision was legally sound. Specifically, the court had to consider whether the applicant was a person to whom Australia owed protection obligations and if the Minister's assessment of the risk of persecution was justified.
The court examined the evidence presented by the applicant and concluded that the applicant did not meet the required criteria for a protection visa. The court found that the applicant's claims of persecution were not sufficiently substantiated and that the Minister's assessment was reasonable. The court further determined that the applicant had failed to provide compelling evidence to support their claims, and thus the Minister's decision was upheld. Consequently, the court dismissed the application and ordered the applicant to pay the respondent's costs.
Orders
Orders of the court
1. The application is refused.
2. The applicant pay the respondent’s costs fixed in the sum of $1100.00.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: WHITLAM J
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