Slimani, Ibrahim v Minister for Immigration & Multicultural Affairs [1998] FCA 1434

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 913 of 1998

BETWEEN: IBRAHIM SLIMANI

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: LINDGREN J

DATE: 3 NOVEMBER 1998

PLACE: SYDNEY

REASONS FOR JUDGMENT (ex tempore) INTRODUCTION The applicant ("Mr Slimani") applies for review of a decision of the Refugee Review Tribunal ("RRT") dated 25 August 1998 by which the RRT affirmed a decision of a delegate of the respondent Minister not to grant Mr Slimani a protection visa.

PROCEDURAL BACKGROUND Mr Slimani is a citizen of Algeria who arrived at Sydney airport on Qantas Flight QF24 on 14 April 1998. On 15 and 17 April, he lodged an application for a protection visa (apparently it was lodged in two parts). On 7 May, a delegate of the Minister refused the application. On 12 May, Mr Slimani lodged an application bearing date 8 May with the RRT seeking review of the delegate's decision. On 21 May, the RRT wrote to Mr Slimani pursuant to s 425 of the Migration Act 1958 ("the Act") advising that it would not grant his application "on the papers" and that a hearing would be held on 1 July. On 29 May, written submissions were made on behalf of Mr Slimani by Ms Sonia di Mezza, then of AMI Migration Consultants of Bankstown. The RRT hearing took place on 1 July when Ms di Mezza represented Mr Slimani. On 10 July, supplementary written submissions were made on behalf of Mr Slimani by Ms di Mezza, now of the Refugee Advice and Casework Service (Australia) Inc of Surry Hills. On 28 July, the RRT wrote to Ms di Mezza inviting further submissions on the question whether Mr Slimani faced persecution for a convention reason in Algeria. Such further submissions were made in writing by Ms di Mezza on 28 July 1998. A second hearing, that is a supplementary hearing, was initially scheduled for 13 August and took place on 17 August. The RRT gave its decision on 25 August and Mr Slimani made his present application to this Court on 3 September. Before me, Mr Slimani has been unrepresented, but has been aided by an interpreter in the Arabic language.