NARF v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 685

FEDERAL COURT OF AUSTRALIA

NARF v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 685 NARF v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N655 OF 2003 SACKVILLE J SYDNEY 4 JULY 2003

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N655 OF 2003

BETWEEN: NARF

APPLICANT (BY HIS NEXT FRIEND)

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: SACKVILLE J

DATE OF ORDER: 4 JULY 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant to pay the respondent's costs. 3. Costs be quantified in the sum of $2500.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N655 OF 2003

BETWEEN: NARF

APPLICANT (BY HIS NEXT FRIEND)

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: SACKVILLE J

DATE: 4 JULY 2003

PLACE: SYDNEY

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") made on 6 May 2003. The RRT's decision affirmed a decision of a delegate of the respondent ("the Minister") to refuse to grant the applicant a protection visa. The applicant is an infant. The proceedings are brought by the applicant's next friend, his mother.

background 2 The applicant was born in Australia on 9 November 2001 to Tongan parents. The applicant lodged his application for a protection visa on 28 March 2003. The application was signed on his behalf by his mother. The applicant's mother also sought to be included in the application as a dependent family member. However, she had previously applied for a protection visa on 1 September 1995, and that application had been refused on 17 December 1996. The applicant's mother was prevented from being included in the application by s 48A of the Migration Act 1958 (Cth) ("the Act") which provides that a person who has made an application for a protection visa that has been refused, may not make a further application for a protection visa while in the migration zone. 3 The application for a protection visa claimed on behalf of the applicant that because he was born in Australia, he should be permitted to remain here. It was also said that Tonga is a poor country and is not free; that the applicant did not trust the authorities who were corrupt; and that when he grew up, the applicant would publicly support the democratic movement led by MP Akilisi Pohiva to "overthrow the public system in Tonga."