SDAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1022

FEDERAL COURT OF AUSTRALIA

SDAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1022

MIGRATION – Privative clause decision – errors by the Refugee Review Tribunal in determining whether the applicant was a member of a particular social group and in addressing important elements of the applicant's claim – decision validated by s 474 of the Migration Act 1958 (Cth) – application dismissed. SDAV v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS AND THE REFUGEE REVIEW TRIBUNAL OF THE COMMONWEALTH OF AUSTRALIA S 108 of 2002 von DOUSSA J ADELAIDE 26 AUGUST 2002

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 108 OF 2002

BETWEEN: SDAV

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

THE REFUGEE REVIEW TRIBUNAL OF THE COMMONWEALTH OF AUSTRALIA

SECOND RESPONDENT

JUDGE: von DOUSSA J

DATE OF ORDER: 26 AUGUST 2002

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant is to pay the respondent's 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 108 OF 2002

BETWEEN: SDAV

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

THE REFUGEE REVIEW TRIBUNAL OF THE COMMONWEALTH OF AUSTRALIA

SECOND RESPONDENT

JUDGE: von DOUSSA J

DATE: 26 AUGUST 2002

PLACE: ADELAIDE

REASONS FOR JUDGMENT 1 This is an application under s 39B of the Judiciary Act 1903 (Cth) for review of a decision of the Refugee Review Tribunal (the RRT) given on 18 March 2002 affirming a decision of a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs to refuse the applicant and her two infant children protection visas under the Migration Act 1958 (Cth) (the Act). The applicant claimed that she is a "refugee" within the meaning of the Refugees Convention as amended by the Refugees Protocol as those expressions are defined in s 5(1) of the Act. Article 1A(2) of the Refugees Convention defines a refugee as a person who: "… owing to a 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 as a result of such events, is unable or, owing to such fear, is unwilling to return to it."