AZABP v Minister for Immigration
[2011] FMCA 827
•31 October 2011
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| AZABP v MINISTER FOR IMMIGRATION & ANOR | [2011] FMCA 827 |
| MIGRATION – Protection visa – review of decision of Refugee Review Tribunal to affirm decision of Minister not to grant the visa – Pakistani national – Tribunal find applicant genuinely fearful for Convention reason but that risk only pertains to area of Pakistan where applicant and his family reside – relocation to other area of Pakistan "such as Karachi" found to be reasonable –content of relocation test – also argued that apprehended bias evidenced by same member delivering reasons contemporaneously in two other matters – very similar facts – no jurisdictional error. |
| Migration Act 1958 (Cth), s.476 |
| Applicant: | AZABP |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File Number: | ADG 92 of 2011 |
| Judgment of: | Lindsay FM |
| Hearing date: | 22 August 2011 |
| Date of Last Submission: | 22 August 2011 |
| Delivered at: | Adelaide |
| Delivered on: | 31 October 2011 |
REPRESENTATION
| Counsel for the Applicant: | Mr Charman |
| Solicitors for the Applicant: | Hamdan Lawyers |
| Counsel for the Respondents: | Ms Johnson |
| Solicitors for the Respondents: | Sparke Helmore |
ORDERS
The application for Judicial Review filed on 27 April 2011 is refused.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT ADELAIDE |
ADG 92 of 2011
| AZABP |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
This is an application for judicial review pursuant to s.476 of the Migration Act 1958 (“the Act”) of a decision of the Refugee Review Tribunal of 31 March 2011.
At the hearing of the application on 22 August 2011 the applicant’s counsel indicated that the submissions put on behalf of the applicant in ADG 94 of 2011, whose application was also before me on that day, were to be regarded as the submissions put on behalf of this application (as they were to be of a third applicant whose application was also before me on that day).
No discrete or supplementary submissions were put on behalf of this applicant.
I refused the application in ADG 94 of 2011 earlier on this day for Reasons I have published.
This application is also refused.
I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Lindsay FM
Date: 31 October 2011
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