SBXC v Minister for Immigration and Multicultural and Indigenous Affairs [2007] FCA 19

FEDERAL COURT OF AUSTRALIA

SBXC v Minister for Immigration and Multicultural and Indigenous Affairs [2007] FCA 19

MIGRATION – application for prerogative relief – where applicant is Iranian citizen seeking protection visa – where Tribunal affirmed Minister's decision not to grant protection visa – whether Tribunal addressed applicant's claim that Iranian government mistakenly thought him to be of a particular faith – whether Tribunal addressed applicant's claim that he would be persecuted during compulsory military service – whether Tribunal erred in not having proper regard to documentary evidence supplied by applicant. Held – Tribunal did address applicant's claim that Iranian government mistakenly thought him to be of a particular faith – no evidence that compulsory military service would result in persecution in the circumstances – Tribunal took into account documentary evidence supplied by applicant – appeal dismissed. Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 475A Migration Litigation Reform Act 2005 (No 137 of 2005) SBXC v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND REFUGEE REVIEW TRIBUNAL SAD 278 OF 2005

BESANKO J

23 JANUARY 2007

ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 278 OF 2005

BETWEEN: SBXC

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: BESANKO J

DATE OF ORDER: 23 JANUARY 2007

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

1. The title of the first respondent be amended to delete the words, 'and Indigenous'. 2. The application be dismissed. 3. The applicant pay the first respondent's 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