Dabare v Minister for Immigration & Multicultural Affairs [2000] FCA 731

FEDERAL COURT OF AUSTRALIA

Dabare v Minister for Immigration & Multicultural Affairs [2000] FCA 731 MIGRATION – application for judicial review of decision of Refugee Review Tribunal refusing protection visa – applicant citizen of Sri Lanka – whether applicant was denied the opportunity of giving evidence by reason of the quality of the interpreting at the Tribunal hearing

Migration Act 1958 (Cth) ss 425, 476(1)(a)

Perera v Minister for Immigration & Multicultural Affairs (1999) 92 FCR 6 followed

GANGODAVILAGE FABIAN NIHAL DABARE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 742 OF 1999

MOORE J

2 JUNE 2000

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 742 of 1999

BETWEEN: GANGODAVILAGE FABIAN NIHAL DABARE

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 2 JUNE 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant pay the respondent's 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 N 742 of 1999

BETWEEN: GANGODAVILAGE FABIAN NIHAL DABARE

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: MOORE J

DATE: 2 JUNE 2000

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an application by Gangodavilage Dabare ("the applicant") for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") of 2 July 1999. The Tribunal affirmed a decision of a delegate of the Minister for Immigration and Multicultural Affairs ("the Minister") refusing to grant the applicant a protection visa. The criterion for the grant of such a visa is that the applicant is a person to whom Australia has 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"). Background 2 The applicant is a citizen of Sri Lanka who arrived in Australia on 5 December 1993, and returned to Sri Lanka on 29 December 1993. On 11 April 1996 the applicant returned to Australia. On 11 June 1996 he lodged an application for a protection visa with the Department of Immigration and Multicultural Affairs. On 11 September 1997 the application was refused by a delegate of the Minister, and on 8 October 1997 the applicant sought review of that decision. Both the delegate and the Tribunal considered the circumstances of the applicant and whether the applicant was a refugee. Art 1A(2) of the Convention contains, for present purposes, the definition of refugee. It provides: "… the term "refugee" shall apply to any person who; … (2) owing to a 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 in being outside the country of his former habitual residence is unable or, owing to such fear, is unwilling to return to it."