El Hasnaoui v Minister for Immigration and Multicultural Affairs

[2001] FCA 1792

FEDERAL COURT OF AUSTRALIA

El Hasnaoui v Minister for Immigration & Multicultural Affairs
[2001] FCA 1792

SALAH EL HASNAOUI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
S 87 OF 2001

DRUMMOND J
23 AUGUST 2001
ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	S 87 OF 2001

BETWEEN:	SALAH EL HASNAOUI APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	DRUMMOND J
DATE OF ORDER:	23 AUGUST 2001
WHERE MADE:	ADELAIDE

THE COURT ORDERS THAT:

1.The application for review be dismissed.

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

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	S 87 OF 2001

BETWEEN:	SALAH EL HASNAOUI APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	DRUMMOND J
DATE:	23 AUGUST 2001
PLACE:	ADELAIDE

REASONS FOR JUDGMENT

1. This is an application by Mr El Hasnaoui, a citizen of Morocco, to review a decision of the Refugee Review Tribunal (“the Tribunal”).  The Tribunal, in effect, rejected Mr El Hasnaoui’s claim to be a refugee within the Convention Relating to the Status of Refugees 28 July 1951, as amended by the Protocol Relating to the Status of Refugees 31 January 1967.  Mr El Hasnaoui is in immigration detention in Woomera.  He is in obvious distress at what he considers to be the harsh conditions under which he is detained.

2. My function is a limited one. I can only examine the proceedings before the Tribunal to see if there is reviewable error within s 476 the Migration Act 1958 (Cth) which affects the Tribunal’s decision to reject Mr El Hasnaoui’s claim. He identifies no ground of error in the application he filed with the Court on 27 June last. He has not provided to the Court any written submissions in support of his application.

3. In the course of the hearing today, he said he had serious problems in providing the Tribunal with information about his background and experiences in Morocco.  These were due, he says, to the fact that the translator was not familiar with his natural dialect.  He points out that in the Tribunal’s reasons the Tribunal said this:

   “The applicant said he was interviewed in Curtin, another detention centre, and he was afraid to mention all of his problems.”

4. However, it appears from the Tribunal’s reasons that when Mr El Hasnaoui was first interviewed by the Department in April 2000 he gave a fairly detailed account of his life in Morocco and that it was only in his visa application made six months later that he said he had experienced difficulties in Morocco due to his religious and political activities which might possibly justify him being regarded as a refugee.

5. The Tribunal rejected Mr El Hasnaoui’s claim in large part because it considered that his delay in making a claim to suffering persecution deprived his claim of credibility.  I accept that Mr El Hasnaoui’s natural tongue is a dialect of Arabic spoken in his home area in Morocco.  I accept that it is a dialect that may well not be readily understandable elsewhere.  But Mr El Hasnaoui has achieved a university level of education in Morocco.  He does speak and understand what was described in an exchange between me and the Court‑appointed interpreter as standard Arabic.

6. On the information available to me, I am not prepared to accept that such difficulties of translation as Mr El Hasnaoui may have experienced in his dealings with the Tribunal are such as to show reviewable error in the Tribunal’s decision.  There being no other ground of error suggested on my reading of the material and no other ground of error suggested by Mr El Hasnaoui, I must dismiss the application.  There will be no order as to costs.

I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Drummond.

Associate:
Dated:             12 December 2001

Counsel for the Applicant:	The applicant appeared in person.
Counsel for the Respondent:	Mr J Roder
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	23 August 2001
Date of Judgment:	23 August 2001