A v Minister for Immigration & Ethnic Affairs [1995] FCA 107

CATCHWORDS IMMIGRATION - Refugees - application for review of decision of the Refugee Review Tribunal refusing the applicant refugee status - whether there was a failure to take into account relevant considerations - whether the applicant had a well founded fear of persecution - no question of principle. Administrative Decisions (Judicial Review) Act 1977 s 5. "A" v MINISTER FOR IMMIGRATION & ETHNIC AFFAIRS & ANOR No NG 854 of 1994 Lindgren J Sydney 14 March 1995

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No NG 854 of 1994 GENERAL DIVISION ) BETWEEN: "A" Applicant AND: MINISTER FOR IMMIGRATION & ETHNIC AFFAIRS First Respondent

PROFESSOR TSAMENYI SITTING AS THE REFUGEE REVIEW TRIBUNAL Second Respondent CORAM: Lindgren J PLACE: Sydney DATE: 14 March 1995 MINUTE OF ORDERS THE COURT: 1. ORDERS that the application be dismissed. 2. ORDERS that the applicant pay the respondents' 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) No NG 854 of 1994 GENERAL DIVISION ) BETWEEN: "A" Applicant AND: MINISTER FOR IMMIGRATION & ETHNIC AFFAIRS First Respondent

PROFESSOR TSAMENYI SITTING AS THE REFUGEE REVIEW TRIBUNAL Second Respondent CORAM: Lindgren J PLACE: Sydney DATE: 14 March 1995 REASONS FOR JUDGMENT INTRODUCTION: The applicant applies under s 5 of the Administrative Decisions (Judicial Review) Act 1977 ("the AD(JR) Act") for review of a decision of the second respondent, the Refugee Review Tribunal established by the Migration Act 1958 (Cth) ("the Tribunal") and ("the Act") respectively, dated 19 April 1994. The Tribunal's decision was one affirming the decision of the primary decision-maker that the applicant was not a refugee under the United Nations Convention Relating to the Status of Refugees done at Geneva on 28 July 1951 ("the Convention") as amended by the Protocol Relating to the Status of Refugees done at New York on 31 January 1967 ("the Protocol"). The Tribunal submitted to such order as the Court might make save as to costs. On 5 December 1994 I ordered that the time for filing by the applicant of his application be extended. I also made certain orders, for the reasons given in an unreported judgment of that date, pursuant to s 50 of the Federal Court of Australia Act 1976. These included orders that in the title to the proceedings the applicant be referred to as "A", and that his name and anything liable to identify him not be published. Care was taken by counsel on the hearing to refer to the terms of the Tribunal's Decision and Reasons for Decision in a manner which would not identify the applicant. I am also able to express my reasons without identifying him. THE TRIBUNAL'S DECISION The Tribunal referred to the fact that the Act incorporates into Australian law the definition of "refugee" under the Convention and the Protocol, and so for present purposes, a refugee is any person who: "owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence is unable or, owing to such fear, is unwilling to return to it."