SWPB v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 850

FEDERAL COURT OF AUSTRALIA

SWPB v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 850 SWPB v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SAD.160 of 2004 MANSFIELD J 24 JUNE 2005 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD.160 OF 2004

BETWEEN: SWPB

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 24 JUNE 2005

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application be refused. 2. The applicant pay to the respondent her costs of the application. 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.160 OF 2004

BETWEEN: SWPB

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MANSFIELD J

DATE: 24 JUNE 2005

PLACE: ADELAIDE

REASONS FOR JUDGMENT 1 The applicant is a Vietnamese citizen. He left Vietnam with his family as one of the boat people in 1980 and lived in the United States to 1992. More detail of the personal history of himself and his family is set out in SWPB (No.2) v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 851 delivered at the same time as this decision. 2 That judgment addresses the applicant's claim to quash a decision of the Migration Review Tribunal given on 9 March 2004 affirming a decision of a delegate of the respondent refusing to grant the applicant a Bridging E visa under the Migration Act 1958 (Cth) (the Act). This application concerns a claim to quash a decision of the Refugee Review Tribunal (the RRT) given on 18 June 2004 affirming a decision of a delegate of the respondent refusing to grant to the applicant a protection visa for which he had applied under the Act.