SBAY v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 378

FEDERAL COURT OF AUSTRALIA

SBAY v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 378 SBAY v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS S.3 of 2002 MANSFIELD J 9 APRIL 2002 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S.3 OF 2002

BETWEEN: SBAY

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 9 APRIL 2002

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant pay to the respondent costs of the application. 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.3 OF 2002

BETWEEN: SBAY

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MANSFIELD J

DATE: 9 APRIL 2002

PLACE: ADELAIDE

REASONS FOR JUDGMENT 1 The applicant is a citizen of Afghanistan. He is aged 31, and was born in Kabul. He is married and has four children, all of whom are still in Afghanistan. He lived in Kabul all his life until 1997. In about January 1997, he moved to Adasahib, a town south of Jalalabad in the Nangarhar Province. In March 2001 he returned to Jalalabad for a time, and it was partly as a result of events which then occurred which, he claimed, he fled Afghanistan. 2 The applicant arrived in Australia on 23 April 2001. He applied for a protection visa under the Migration Act 1958 (Cth) (the Act) on 25 May 2001. On 30 August 2001 a delegate of the respondent refused his application for that visa. He sought review of that decision by the Refugee Review Tribunal (the Tribunal). On 12 December 2001, following a hearing on 4 December 2001, the Tribunal affirmed the decision of the delegate not to grant the applicant a protection visa under the Act. 3 This application is made under s 39B of the Judiciary Act 1903 (Cth) for an order setting aside the Tribunal's decision.