Yousaf v Minister for Immigration and Multicultural Affairs

[2000] FCA 484

FEDERAL COURT OF AUSTRALIA
Yousaf v Minister for Immigration & Multicultural Affairs [2000] FCA 484

MOHAMMAD YOUSAF v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
N1473 of 1999

WILCOX J
SYDNEY
7 APRIL 2000

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N1473 of 2000

BETWEEN:	MOHAMMAD YOUSAF Applicant
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Respondent
JUDGE:	WILCOX J
DATE:	7 APRIL 2000
WHERE MADE:	SYDNEY

EXTEMPORE REASONS FOR JUDGMENT

1. WILCOX J:  This is an application to review a decision of the Refugee Review Tribunal upholding a decision by a departmental officer to refuse a protection visa.  The applicant, Mohammad Yousaf, is unrepresented and has spoken to the Court with the assistance of an interpreter. 

2. At the directions hearing of this matter on 9 February 2000, I explained to the applicant the limited powers of the Court. I pointed out to him that the Court could only interfere with a decision of the Tribunal if there was an error that fell within s476 of the Migration Act 1958. I explained that, broadly speaking, the matters within that section were errors of law and failure to follow statutory procedures.

3. Mr Yousaf has today put to me certain matters dealing with the facts of the case but they do not fall within the category covered by s476 of the Act. I have myself read the Tribunal's decision and I have not detected any error of law or failure to comply with a statutory obligation. Mr Yousaf failed before the Tribunal because the Tribunal Member did not accept the factual accuracy of claims made by him. That does not raise any question of law or any other issue that falls within the jurisdiction of this court. It follows that the application must be dismissed.

4. The order that I make is the application be dismissed with costs.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Wilcox.

Associate:

Dated:             7 April 2000

Applicant appeared in person
Counsel for the Respondent:	S Lloyd
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	7 April 2000