B34 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 871

FEDERAL COURT OF AUSTRALIA

B34 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 871 MIGRATION – judicial review – protection visa – Refugee Review Tribunal – whether failure to consider claim – obligation of RRT to consider claims arising on material before it – applicant's claims before RRT based on political opinion and ethnicity – applicant HIV positive – no claim raised in relation to membership of particular social group of HIV positive persons – claim neither articulated nor apparent from materials – no jurisdictional error by failure of RRT to consider claim – application dismissed Migration Act 1958 (Cth) Judiciary Act 1903 (Cth) s 44 Muin v Refugee Review Tribunal and Lie v Refugee Review Tribunal (2000) 190 ALR 601 cited NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263 cited Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 cited SGBB v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 1999 ALR 364 cited P33 of 2003 v Refugee Review Tribunal [2004] FCA 474 cited B34 of 2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS QUD142 OF 2003 FRENCH J 29 JUNE 2003 PERTH (HEARD IN BRISBANE)

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD142 OF 2003

BETWEEN: B34 OF 2003

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 29 JUNE 2005

WHERE MADE: PERTH (HEARD IN BRISBANE)

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant is to pay the respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.