VWCA v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 412

FEDERAL COURT OF AUSTRALIA

VWCA v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 412 VWCA & Ors v Minister for Immigration and Multicultural and Indigenous Affairs V27 of 2004 RYAN J 13 APRIL 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V27 of 2004

BETWEEN: VWCA & ORS

Applicants

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

JUDGE: RYAN J

DATE OF ORDER: 13 APRIL 2005

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicants pay the respondent's costs, including any reserved costs, such costs to be taxed in default of agreement. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V27 of 2004

BETWEEN: VWCA & ORS

Applicants

AND: MINISTER FOR IMMIGRATION AD MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

JUDGE: RYAN J

DATE: 13 APRIL 2005

PLACE: MELBOURNE

REASONS FOR JUDGMENT

Introduction 1 There is before the Court an application pursuant to s 39B of the Judiciary Act 1903 (Cth) for review of a decision published on 28 November 2003 by the Refugee Review Tribunal ("the Tribunal") whereby the Tribunal affirmed the decision of a delegate of the respondent Minister to refuse to grant the applicants protection (class XA) visas. The applicants claim writs of certiorari, prohibition and mandamus in respect of the Tribunal's decision.

Background 2 The principal applicant ("the applicant"), his wife and three children, who are the other applicants, claim to be citizens of Lebanon, who formerly resided in that country. They arrived in Australia as visitors on 1 September 2000 on 12 month multiple entry visas. A condition of the multiple entry visas was that the family had to depart after a 3 month stay in order to obtain a further 3 month stay on their return. They travelled to New Zealand briefly on four occasions on 30 November 2000, 2 March 2001, 2 June 2001 and 8 August 2001. On 9 November 2001 they applied to the Department of Immigration and Multicultural and Indigenous Affairs ("the Department") for protection (Class XA) visas. On 28 May 2002, a delegate of the respondent refused their applications. On 19 June 2002, the applicant and his family applied for a review by the Tribunal of the delegate's decision. On 28 November 2003, the Tribunal affirmed the decision not to grant protection visas to the applicant and his family.