Bahar v Minister for Immigration and Multicultural Affairs

[1999] FCA 1219

FEDERAL COURT OF AUSTRALIA

Bahar v Minister for Immigration & Multicultural Affairs [1999] FCA 1219

OMAR BAHAR v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

N 699 of 1999

LINDGREN J
3 SEPTEMBER 1999
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 699 OF 1999

BETWEEN:	OMAR BAHAR Applicant
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Respondent
JUDGE:	LINDGREN J
DATE OF ORDER:	3 SEPTEMBER 1999
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.        The application be dismissed.

2.        The applicant pay the respondent’s costs.

THE COURT DIRECTS THAT:

1.        Orders 1 and 2 not be entered prior to 20 September 1999.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 699 OF 1999

BETWEEN:	OMAR BAHAR Applicant
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Respondent

JUDGE:	LINDGREN J
DATE:	3 SEPTEMBER 1999
PLACE:	SYDNEY

REASONS FOR JUDGMENT

INTRODUCTION

1. The applicant applies under s 476(1) of the Migration Act1958 (Cth) (“the Act”) for review of a decision of the Refugee Review Tribunal (“RRT”) dated 18 June 1999 affirming a decision of a delegate of the respondent (“the Minister”) not to grant a protection visa. Section 36 of the Act provides that a criterion for the grant of a protection visa is that the applicant for it be a non-citizen in Australia to whom Australia has protection obligations under the Convention Relating to the Status of Refugees done at Geneva on 28 July 1951, as amended by the Protocol Relating to the Status of Refugees done at New York on 31 January 1967 (compendiously, “the Convention”).   Article 1A(2) of the Convention provides that a refugee is any person who:

   “owing to well-founded fear of being persecuted for reasons for race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence, is unable or, owing to such fear, is unwilling to return to it.”

2. The applicant’s case is that he is outside the country of his nationality, Algeria, and is unwilling to return to it because of a well-founded fear of being persecuted for reasons of, as best one can discern, political opinion or imputed political opinion.

   PROCEDURAL BACKGROUND

3. The applicant arrived in Australia on 14 October 1998.  On 22 October 1998, he applied for a protection visa (visa sub-class 866).  A delegate of the Minister refused the application on 30 November 1998.  On 3 December 1998, the applicant lodged an application with the RRT for review of that decision.  The RRT conducted hearings on 10 February, 23 April and 20 May 1999.  It is unclear why the RRT adjourned the first hearing.  The second hearing was adjourned as the applicant claimed that…