NARE v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 97

FEDERAL COURT OF AUSTRALIA

NARE v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 97 NARE v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 826 of 2002 MOORE J SYDNEY 20 FEBRUARY 2003

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 826 OF 2002

BETWEEN: NARE OF 2002

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 20 FEBRUARY 2003

WHERE MADE: SYDNEY

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

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 826 OF 2002

BETWEEN: NARE OF 2002

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MOORE J

DATE: 20 FEBRUARY 2003

PLACE: SYDNEY

REASONS FOR JUDGMENT

Introduction 1 This is an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") of 25 June 2002 handed down 17 July 2002, affirming a decision of a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs ("the Minister") refusing to grant the applicant a protection visa. The criterion for the grant of such a visa is that the applicant is a person to whom Australia has protection obligations under the Convention Relating to the Status of Refugees of 28 July 1951 as amended by the Protocol Relating to the Status of Refugees of 31 January 1967 ("the Convention"). The applicant in this matter was one applicant before the Tribunal. Although her sons were also applicants before the Tribunal, they are not parties to this proceeding. 2 The applicant, who is a citizen of Lithuania, arrived in Australia with one son on 24 September 2000. The other son had previously arrived on a student visa on 8 May 1998. On 3 November 2000, all three family members lodged an application with the Department of Immigration and Multicultural and Indigenous Affairs for protection visas under the Migration Act 1958 (Cth) ("the Act"). On 20 August 2001 the delegate refused to grant the protection visas, and on 31 August 2001 the visa applicants applied to the Tribunal for review of that decision.