SDAH v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1033

FEDERAL COURT OF AUSTRALIA

SDAH v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1033 SDAH v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS S 79 of 2002 von DOUSSA J ADELAIDE 19 AUGUST 2002

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 79 OF 2002

BETWEEN: SDAH

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: von DOUSSA J

DATE OF ORDER: 19 AUGUST 2002

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant 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 79 OF 2002

BETWEEN: SDAH

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: von DOUSSA J

DATE: 19 AUGUST 2002

PLACE: ADELAIDE

REASONS FOR JUDGMENT 1 This is an application under s 39B of the Judiciary Act 1903 (Cth) seeking judicial review of a decision of the Refugee Review Tribunal (the Tribunal) made on 6 March 2002. The Tribunal affirmed a decision of a delegate of the respondent Minister to refuse protection visas to the applicant, his wife and their two children who had arrived illegally in Australia on 20 April 2001. 2 The applicant, his wife and family are Iranian citizens. The Tribunal accepted that they were members of the Sabean Mandean faith. They claimed to have suffered persecution by reason of their religious faith and by reason of their membership of that particular social group. On account of this persecution they claimed to be refugees to whom Australia owed protection obligations under the Refugees Convention as amended by the Refugee Protocol (those expressions being defined in s 5(1) of the Migration Act 1958 (Cth) (the Act)). 3 Before this Court, counsel for the Minister contends that the decision of the Tribunal is a privative clause decision within the meaning of s 474(2) of the Act, and accordingly attracts the operation of s 474(1) which provides: "(1) A privative clause decision: (a) is final and conclusive; and (b) must not be challenged, appealed against, reviewed, quashed or called in question in any court; and (c) is not subject to prohibition, mandamus, injunction, declaration or certiorari in any court on any account."