Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SBAE v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 479 SBAE v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS S.223 of 2001 MANSFIELD J 26 APRIL 2002 ADELAIDE
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S.223 OF 2001
BETWEEN: SBAE
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MANSFIELD J
DATE OF ORDER: 26 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.223 OF 2001
BETWEEN: SBAE
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MANSFIELD J
DATE: 26 APRIL 2002
PLACE: ADELAIDE
REASONS FOR JUDGMENT 1 The applicant is a citizen of Iraq. It appears that the Tribunal accepted his personal background. The applicant is of Assyrian ethnicity and Christian religion. He is a single man aged 30. He has lived in Baghdad all his life. After completing his secondary education in 1988 he went to an industrial school for a time and then between 1988 and 1994 he was employed in a government run battery factory, work which he described as dangerous. Between 1994 and 1996 he served his national service in the Iraqi army. He then undertook private employment for a time as a driver and between 1997 and when he left Iraq in early 2001 as a labourer in a jeweller's shop. In 1999 he was called up as a military reservist for one month. He left Iraq in February 2001 into Jordan and subsequently travelled to Australia, arriving on 6 June 2001. 2 The applicant applied for a protection visa under the Migration Act 1958 (Cth) (the Act) on 4 July 2001. That application was refused by a delegate of the respondent on 18 September 2001. The applicant sought review of that decision by the Refugee Review Tribunal (the Tribunal). The Tribunal affirmed the decision of the delegate on 27 November 2001.
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