NABA v Minister for Immigration & Multicultural Affairs [2001] FCA 1827

FEDERAL COURT OF AUSTRALIA

NABA v Minister for Immigration & Multicultural Affairs [2001] FCA 1827 NABA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1473 of 2001 STONE J 18 DECEMBER 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1473 OF 2001

BETWEEN: NABA

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: STONE J

DATE OF ORDER: 18 DECEMBER 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be 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 1473 OF 2001

BETWEEN: NABA

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: STONE J

DATE: 18 DECEMBER 2001

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The applicant is a citizen of Bahrain who arrived in Australia on 1 December 1998. His divorced wife and daughter are still living in Bahrain. He applied for a protection visa on 4 July 2001. His application was refused by a delegate ("Delegate") of the respondent on 27 August 2001 and the Refugee Review Tribunal ("Tribunal") handed down a decision affirming the Delegate's decision on 25 October 2001. On 30 October 2001, the applicant commenced proceedings in this Court seeking a review of the Tribunal's decision, under Pt 8 of the Migration Act 1958 (Cth) ("the Act").

the applicant's claims 2 In his written statement dated 11 July 2001, the applicant claimed that he had a well-founded fear of persecution because of his religion and his political opinions. He alleged that because he is a Shi'ite Muslim (Bahrain's main religion is Sunni Muslim) he had not been allowed to hold government jobs or own land or property. He claimed that he faced imprisonment if he prayed in mosques and his employer, who was a Shi'ite Muslim, had been forced to sack him. 3 In relation to his political opinion, the applicant claimed that he was persecuted because he was a member of the political group called the Bahrain Front. This group allegedly met at the house where he lived with his family and his brother. He claimed that on 14 July 1996 he was arrested, tortured and detained for helping his brother print pamphlets for the group. When tortured he gave information about members of the group to the police. Subsequently some members of the group were detained. He was released after serving 18 months in prison because a "human rights" delegate had come to Bahrain. 4 After his release the applicant moved to the town of Issa where he claimed to have been subjected to more harassment. He received threatening letters, his car was set on fire and he was forced by his wife's family to divorce her. After three months in Issa he was again arrested and detained for two and half months. 5 The applicant claimed that, after his release, while working at a travel agency in Issa, his employer had helped him obtain a visa. He further claimed that when he arrived in Australia in December 1998 he was unaware that his Australian visa was valid only for three months as he believed he held a five year visa. 6 At the Departmental interview held on 13 August 2001 the applicant made some changes to his written statement. For reasons that will become clear it is not necessary to detail those claims.