Eloujenko v Minister for Immigration & Multicultural Affairs

Eloujenko v Minister for Immigration & Multicultural Affairs [2001] FCA 980
Migration

Eloujenko v Minister for Immigration & Multicultural Affairs [2001] FCA 980

MIGRATION - application for review of decision of Refugee Review Tribunal - applicant a Jehovah's Witness and citizen of Russia - applicant alleged Refugee Review Tribunal's decision was inconsistent with earlier decision by differently constituted Tribunal - no case of bias established - no error of law established

Vassilieva v Minister for Immigration & Multicultural Affairs [2001] FCA 733 referred to

Soboleva v Minister for Immigration & Multicultural Affairs [2001] FCA 528 referred to

Chan Yee Kin v Minister for Immigration & Ethnic Affairs (1989) 169 CLR 379 referred to

Minister for Immigration & Multicultural Affairs v Tas [2000] FCA 1675 referred to

Minister for Immigration & Multicultural Affairs v Prathapan (1998) 86 FCR 95 referred to

GUEORGUI ELOUJENKO v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

N 240 OF 2001

HELY J

27 JULY 2001

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 240 OF 2001

BETWEEN:	GUEORGUI ELOUJENKO APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	HELY J
DATE OF ORDER:	27 JULY 2001
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.       The application be dismissed with costs.

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 240 OF 2001

BETWEEN:	GUEORGUI ELOUJENKO APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	HELY J
DATE:	27 JULY 2001
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1       The applicant is a citizen of the Russian Federation who arrived in Australia on 4 March 1999. He is a 34 year old man from St Petersburg, where his wife and children still live. He is a Jehovah's witness. The Refugee Review Tribunal ("RRT") accepted that he regularly attended Jehovah's Witnesses meetings and Bible study in St Petersburg from mid to late 1997 until he came to Australia.

2       The applicant claimed that he left Russia because he feared for his life. He claimed that he had been persecuted by the Russian ultranationalists and Communists because he is a Jehovah's Witness. In the context, I understand "ultranationalists" to signify those who are opposed to people who follow religions not based in Russia. In support of his claim, the applicant recounted incidents of alleged persecution in which he claimed to have been involved. He also said that Russian patriots and society generally have a hostile attitude towards the Jehovah's Witnesses because they are seen as a non-traditional religion.

3       The applicant studied in a military academy until 1992. He was discharged and became a reservist. The applicant also claimed that he left Russia for fear that he would be punished for his refusal to participate in military training due to his religious beliefs.

Jehovah's Witnesses in Russia today

4       Jehovah's Witnesses were first officially registered in Russia in 1991. They are an established religious group…