Al Khateeb v Minister for Immigration & Multicultural Affairs [2001] FCA 1162

FEDERAL COURT OF AUSTRALIA

Al Khateeb v Minister for Immigration & Multicultural Affairs [2001] FCA 1162

migration – application for protection visa – review of decision of Refugee Review Tribunal – applicant a stateless Palestinian living in Syria – Refugee Review Tribunal did not make a finding as to whether applicant secured release from detention by way of a bribe – this may have led to an error of fact in finding that applicant no longer of interest to authorities – no error of law Minister for Immigration & Multicultural Affairs v Yusuf (2001) 180 ALR 1 referred to Brakni v Minister for Immigration & Multicultural Affairs [2001] FCA 48 referred to Minister for Immigration & Multicultural Affairs v Eshetu (1999) 197 CLR 611 referred to Migration Act 1958 (Cth) ADNAN AL KHATEEB v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS W 112 OF 2001 HELY J 24 AUGUST 2001 SYDNEY (HEARD IN PERTH)

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 112 OF 2001

BETWEEN: ADNAN AL KHATEEB

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: HELY J

DATE OF ORDER: 24 AUGUST 2001

WHERE MADE: SYDNEY (HEARD IN PERTH)

THE COURT ORDERS THAT: 1. The application 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

WESTERN AUSTRALIA DISTRICT REGISTRY W 112 OF 2001

BETWEEN: ADNAN AL KHATEEB

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: HELY J

DATE: 24 AUGUST 2001

PLACE: SYDNEY (HEARD IN PERTH)

REASONS FOR JUDGMENT 1 Mr Al Khateeb ("the applicant") is the son of a Palestinian who fled what was then Palestine when the state of Israel was proclaimed in 1948. The applicant was born in Syria and has lived there all his life, but he does not have citizenship. He is registered with the United Nations Relief and Works Agency ("UNRWA") for Palestinians in the Near East but has received no assistance from UNRWA in recent years. 2 The Minister's delegate found that the applicant was excluded from consideration under Articles 1D and 1E of the Convention, hence the delegate did not proceed to consider whether the applicant had a well-founded fear of persecution for a Convention reason. On review, the Refugee Review Tribunal ("RRT") disagreed with the delegate's view that the applicant was excluded from consideration under Article 1D or 1E, and proceeded to assess the applicant's claims in the light of the provisions of the Convention. 3 RRT accepted that the applicant is a stateless person, hence the issue for its determination was whether the applicant has a well-founded fear of persecution for a Convention reason if returned to Syria, that being his country of former habitual residence. 4 The applicant claimed he was detained and tortured because he insulted the Syrian leader during an argument with members of the security services in early 1999 and that he left Syria illegally on 26 August 2000. He feared that he would be detained and tortured if he were to return to Syria because of a political opinion imputed to him as a result of his detention, and because of his Palestinian nationality. He said that his problem with the Syrian authorities was exacerbated because he is a Palestinian refugee (CB 128).