SBBK v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 565

FEDERAL COURT OF AUSTRALIA

SBBK v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 565 MIGRATION – application for review of RRT decision – whether RRT erred in concluding that applicant will not suffer persecution if returned to Iran – whether RRT considered applicant was part of a social group – whether "women in Iran" or "divorced women in Iran" may constitute a social group for Convention reason – whether applicant would be afforded State protection if returned – whether RRT erred in concluding that the applicant's conversion to Christianity was not genuine – whether privative clause protects error by RRT in not considering whether applicant was part of a social group – breach of an essential precondition by decision-maker WORDS and PHRASES – "membership of a social group"

Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 36, 65, 415, 474, Minister for Immigration & Multicultural Affairs v Khawar [2002] HCA 14 applied R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 cited R v Coldham; Ex parte Australian Workers Union (1983) 153 CLR 297 cited Darling Casino Ltd v New South Wales Casino Control Authority (1997) 191 CLR 602 cited SBBK v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS AND REFUGEE REVIEW TRIBUNAL S17 of 2002 TAMBERLIN J 10 MAY 2002 SYDNEY (HEARD IN ADELAIDE)

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S17 OF 2002

BETWEEN: SBBK

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 10 MAY 2002

WHERE MADE: SYDNEY (HEARD IN ADELAIDE)

THE COURT ORDERS THAT: 1. The application is allowed. 2. The decision of the Refuge Review Tribunal is set aside. 3. The matter to be remitted to the Refugee Review Tribunal for reconsideration in accordance with these reasons. 4. The respondent pay the applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.