Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bains v Minister for Immigration and Multicultural Affairs [2001] FCA 403 HARVINDER BAINS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NO S 77 of 2000 O'LOUGHLIN J ADELAIDE 11 APRIL 2001
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 77 OF 2000
BETWEEN: HARVINDER BAINS
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: O'LOUGHLIN J
DATE OF ORDER: 11 APRIL 2001
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: 1. The appeal be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 77 OF 2000
BETWEEN: HARVINDER BAINS
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: O'LOUGHLIN J
DATE: 11 APRIL 2001
PLACE: ADELAIDE
REASONS FOR JUDGMENT 1 The applicant, a bachelor, who is a citizen of India, arrived in Australia on 13 June 1997. He shortly thereafter lodged an application for a protection visa with the Department of Immigration and Multicultural Affairs. On 29 September 1997, a delegate of the Minister for Immigration and Multicultural Affairs ("the Minister") refused his application. On 27 October 1997, the applicant applied to the Refugee Review Tribunal ("the Tribunal") for a review of the Minister's decision. That application was unsuccessful. On 5 June 2000, the Tribunal affirmed the decision not to grant the applicant a protection visa. The applicant has now applied to this Court to review the decision of the Tribunal. 2 The applicant was born on 5 May 1970 and is now thirty years of age. Although born a Sikh in the Punjab, he and other members of his family turned to the Ahmediya (sometimes spelt "Ahmadiya") religion in August 1996. Presently, he has a sister living in Australia and a brother living in Nepal. However, both his mother and his father and another sister continue to live in India. 3 A migration agent ("the agent") was retained by the applicant. The agent assisted in the preparation and lodgment of the application for a visa. He also wrote a covering letter dated 29 June 1997 advising that he was acting for the applicant and stating, inter alia, that the "foundation of this application is the applicant's fear of being harmed in India on account of his religious beliefs". The agent explained in his letter that the applicant and unidentified members of the applicant's family had become disillusioned with the religion of the Sikhs. They also perceived that Sikhs had lost respect in India and were seen as a minority that was "very fundamentalist in their approach to their religion"; they considered that all Sikhs were regarded with suspicion. 4 The agent's letter continued as follows: "Mr Bains states that the above feelings were experienced by his family and they no longer wanted to be identified with a religion that got polluted because of the misdeeds of politicians, terrorists and their nexus and has become directionless and only for political benefits or personal benefits. There are political speeches in the temples and the religion has lost holiness and no longer gives peace of mind. The family searched for mental peace in other religions. Mr Bains states they found a religion which they believed held a background philosophy of human values and this was the Ahmediya religion."
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