SBBC v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 819

FEDERAL COURT OF AUSTRALIA

SBBC v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 819 SBBC v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS S 8 of 2002 MANSFIELD J ADELAIDE 3 JULY 2002

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 8 OF 2002

BETWEEN: SBBC

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 3 JULY 2002

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application is dismissed.

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 8 OF 2002

BETWEEN: SBBC

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MANSFIELD J

DATE: 3 JULY 2002

PLACE: ADELAIDE

REASONS FOR JUDGMENT 1 This is an application under s 39B of the Judiciary Act 1903 (Cth) to have a decision of the Refugee Review Tribunal (the Tribunal) made on 17 December 2001 declared invalid. The Tribunal affirmed a decision of a delegate of the respondent made on 11 September 2001 refusing to grant the applicant a protection visa for which he had applied under the Migration Act 1958 (Cth) (the Act) on 31 May 2001, following his arrival in Australia on 18 April 2001. 2 To be eligible to be granted the visa, it was necessary that the delegate of the respondent, and on review the Tribunal, be satisfied that the applicant met the criterion for the grant of a protection visa specified in s 36(2) of the Act, namely that he is a person 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). In turn, in the present matter, that meant that it was necessary that the decision-maker be satisfied that the applicant is a refugee as defined in Article 1A(2) of the Convention, namely a 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."