SVVB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1001

FEDERAL COURT OF AUSTRALIA

SVVB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1001

MIGRATION – well-founded fear of persecution – State protection – where applicants claimed persecution by reason of political opinion – RRT rejected claim of persecution – whether RRT erred in failing to address issue of State protection.

Migration Act 1958 (Cth)

Applicant A148 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 566 cited Minister for Immigration and Multicultural Affairs v Respondents S152/2003 (2004) 205 ALR 487; [2004] HCA 18 applied SVVB AND SVWB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS; PETER KATSAMBANIS, MEMBER, REFUGEE REVIEW TRIBUNAL; PRINCIPAL MEMBER, REFUGEE REVIEW TRIBUNAL SAD 87 of 2004 LANDER J 27 JULY 2004 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 87 OF 2004

BETWEEN: SVVB AND SVWB

APPLICANTS

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

PETER KATSAMBANIS, MEMBER, REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

PRINCIPAL MEMBER, REFUGEE REVIEW TRIBUNAL

THIRD RESPONDENT

JUDGE: LANDER J

DATE OF ORDER: 27 JULY 2004

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant is to pay the first respondent's costs of, and incidental to, the application for judicial review. 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 SAD 87 OF 2004

BETWEEN: SVVB AND SVWB

APPLICANTS

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS