SBAX v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 582

FEDERAL COURT OF AUSTRALIA

SBAX v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 582 MIGRATION – application for review of RRT decision – whether RRT erred in finding that there was not a real chance of persecution in view of the change in political situation in Afghanistan Migration Act 1958 (Cth) SBAX v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS S2 OF 2002 TAMBERLIN J SYDNEY (HEARD IN ADELAIDE) 10 MAY 2002

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S2 OF 2002

BETWEEN: SBAX

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 10 MAY 2002

WHERE MADE: SYDNEY (HEARD IN ADELAIDE)

THE COURT ORDERS THAT: 1. The application is 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

SOUTH AUSTRALIA DISTRICT REGISTRY S2 OF 2002

BETWEEN: SBAX

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: TAMBERLIN J

DATE: 10 MAY 2002

PLACE: SYDNEY (HEARD IN ADELAIDE)

REASONS FOR JUDGMENT 1 The applicant who is a citizen of Afghanistan arrived in Australia on 13 July 2001. On 9 August 2001 he lodged an application for a protection visa and this was refused by a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs ("the Minister") on 18 October 2001. He then applied for a review of that decision to the Refugee Review Tribunal ("the RRT") pursuant to the provisions of the Migration Act 1958 (Cth) ("the Act'). 2 The RRT affirmed the decision not to grant a protection visa on 7 December 2001 and an application was then made to this Court for review of that decision.