SDAG v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1051

FEDERAL COURT OF AUSTRALIA

SDAG v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1051 SDAG v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS AND THE REFUGEE REVIEW TRIBUNAL OF THE COMMONWEALTH OF AUSTRALIA No S 78 of 2002 von DOUSSA J ADELAIDE 26 AUGUST 2002

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 78 OF 2002

BETWEEN: SDAG

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 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 78 OF 2002

BETWEEN: SDAG

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

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) to review a decision of the Refugee Review Tribunal (the Tribunal) made on 27 February 2002. The Tribunal affirmed a decision of a delegate of the respondent Minister not to grant protection visas to the applicant, to his wife (who was also a visa applicant before the Tribunal), to their daughter and to the applicant's mother who is a dependent family member. The applicant, his wife, their daughter and his mother had arrived together in Australia illegally by boat on 20 August 2001. 2 The applicant and his wife made application to the Minister for protection visas. A criterion for a protection visa is that the applicant is a non-citizen in Australia to whom the Minister is satisfied Australia has protection obligations under the Refugees Convention as amended by the Refugees Protocol: see s 36(2)(a) of the Migration Act 1958 (Cth). The expressions "the Refugees Convention" and "the Refugees Protocol" are defined in s 5(1) of the Act. Australia owes protection obligations to refugees. Article 1A(2) of the Refugees Convention defines a refugee as any 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."