SBAF v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 686

FEDERAL COURT OF AUSTRALIA

SBAF v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 686 SBAF & ANOR v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS S.224 OF 2001 MANSFIELD J 6 JUNE 2002 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S.224 OF 2001

BETWEEN: SBAF & ANOR

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 6 JUNE 2002

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicants 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.224 OF 2001

BETWEEN: SBAF & ANOR

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MANSFIELD J

DATE: 6 JUNE 2002

PLACE: ADELAIDE

REASONS FOR JUDGMENT 1 The applicants are husband and wife. They arrived in Australia on 19 April 2001. On 26 April 2001 they each applied for a protection visa under the Migration Act 1958 (Cth) (the Act). To be eligible for the grant of that visa, they had to satisfy the criteria specified in the Act and in the Migration Regulations. Relevantly for present purposes, s 36(2) of the Act imposed the criterion that the respondent, and on review the Tribunal, is satisfied that the applicants are persons to whom Australia has protection obligations under the Refugees Convention as amended by the Refugees Protocol, using those terms as defined in the Act (the Convention). Article 1A(2) of the Convention defines a refugee as any person who: " …owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence, is unable or, owing to such fear, is unwilling to return to it." 2 On 8 August 2001 a delegate of the respondent refused the two applications for protection visas under the Act, and on 30 November 2001 the Tribunal affirmed those decisions.