SBAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1078

FEDERAL COURT OF AUSTRALIA

SBAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1078 SBAV v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS S.242 of 2001 MANSFIELD J 13 SEPTEMBER 2002 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S.242 OF 2001

BETWEEN: SBAV

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 13 SEPTEMBER 2002

WHERE MADE: ADELAIDE

THE COURT DECLARES THAT: 1. The decision of the Refugee Review Tribunal given on 11 December 2001 is null and void. 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.242 OF 2001

BETWEEN: SBAV

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MANSFIELD J

DATE: 13 SEPTEMBER 2002

PLACE: ADELAIDE

REASONS FOR JUDGMENT 1 This is an application under s 39B of the Judiciary Act 1903 (Cth) to have declared null and void a decision of the Refugee Review Tribunal (the Tribunal) given on 11 December 2001. The Tribunal affirmed the decision of a delegate of the respondent refusing to grant to the applicant a protection visa under the Migration Act 1958 (Cth) (the Act). 2 The applicant is the 19 year old son of Iranian parents, who themselves applied for a protection visa under the Act on the same day and with the same result. His 22 year old brother also applied for a protection visa in the same circumstances. 3 The parties are agreed that the outcome of this application should be the same as the application before the Court under s 39B of the Judiciary Act in which the applicant's parents and his younger brother is addressed: SBAU v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1076. I have delivered judgment in that matter today. 4 For the reasons set out in that judgment, in my view the application should be allowed. 5 I accordingly declare that the decision of the Tribunal given on 11 December 2001 is null and void. I give leave to the parties to seek such further or consequential orders as they may be advised. I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Mansfield.