SBTF v Minister for Immigration & Citizenship [2007] FCA 1816

FEDERAL COURT OF AUSTRALIA

SBTF v Minister for Immigration & Citizenship [2007] FCA 1816

MIGRATION – whether Tribunal considered the appellant would suffer psychological harm if he was returned to Bahrain – where Tribunal found the appellant had been arrested, detained and tortured – where Tribunal accepted that Shia Muslims are discriminated against in Bahrain – where Tribunal had before it two reports from a doctor – whether of any consequence that the second report was only furnished to the Tribunal in response to a s 424A request – whether psychological harm may be serious harm within the meaning of s 91R(2) – appeal allowed. Migration Act 1958 (Cth) ss 91R, 424A Htun v Minister for Immigration and Multicultural Affairs (2001) 194 ALR 244 followed SCAT v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 76 ALD 625 applied SBTF v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL SAD 133 OF 2007

LANDER J

28 NOVEMBER 2007

ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 133 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SBTF

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: LANDER J DATE OF ORDER: 28 NOVEMBER 2007

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

1. The appeal be allowed. 2. The decision of the Refugee Review Tribunal made on 10 November 2006 affirming the delegate's decision not to grant the applicant a protection visa be quashed. 3. The matter be remitted to the Refugee Review Tribunal for further consideration according to law. 4. The first respondent pay the applicant's costs in the Federal Magistrates Court. 5. The first respondent pay the appellant's costs on the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA