Sawhney v Minister for Immigration & Multicultural Affairs [2000] FCA 80

FEDERAL COURT OF AUSTRALIA

Sawhney v Minister for Immigration & Multicultural Affairs [2000] FCA 80 THALJIT SINGH SAWHNEY v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS S 38 OF 1999 MANSFIELD J 24 JANUARY 2000 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 38 OF 1999

BETWEEN: THALJIT SINGH SAWHNEY

Applicant

AND: MINISTER FOR IMMIGRATION AND

MULTICULTURAL AFFAIRS

Respondent

JUDGE: MANSFIELD J

DATE: 24 JANUARY 2000

PLACE: ADELAIDE

REASONS FOR JUDGMENT 1 This is an application to review the decision of the Refugee Review Tribunal ("the Tribunal") given on 3 May 1999. The Tribunal upheld a decision of a delegate of the respondent ("the Minister") not to grant to the applicant a protection visa. That was not the first occasion that the matter had come before the Tribunal. 2 The applicant arrived in Australia on 26 July 1995. On 25 August 1995 he applied for a protection visa under the Migration Act 1958 (Cth) ("the Act"). The Minister, through his delegate, refused to grant that application on 8 May 1998. That decision was first challenged by application to the Tribunal on 28 May 1998. On 23 June 1998, the Tribunal affirmed that decision. However, on 17 December 1998 this Court set aside the decision of the Tribunal with the consent of both the applicant and the Minister. The matter was remitted to the Tribunal for reconsideration. It is the decision of the Tribunal upon that reconsideration which is the subject of the present application. 3 It is a criterion for the grant of a protection visa under s 36 of the Act that the Minister or, on review the Tribunal, is satisfied that the applicant is a person to whom Australia owes protection obligations under the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 as amended by the Protocol relating to the Status of Refugees done at New York on 31 January 1967 ("the Convention"). To so satisfy the Minister or the Tribunal, it is necessary that he must satisfy them that he qualifies as a refugee under Article 1A(2) of the Convention. That is, he must be a person who