NAST v Minister for Immigration

FEDERAL COURT OF AUSTRALIA

NAST v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 86

NAST AND ANOR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
N 780 of 2003

ALLSOP J
6 FEBRUARY 2004
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 780 of 2003

BETWEEN:

NAST
FIRST APPLICANT

NASU
SECOND APPLICANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT

JUDGE:

ALLSOP J

DATE OF ORDER:

6 FEBRUARY 2004

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.The application be dismissed.

2.The first applicant pay the respondent’s 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 780 of 2003

BETWEEN:

NAST
FIRST APPLICANT

NASU
SECOND APPLICANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT

JUDGE:	ALLSOP J
DATE:	6 FEBRUARY 2004
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. In this matter the applicants seek review under s 39B of the Judiciary Act 1903 (Cth) of a decision of the Refugee Review Tribunal (the Tribunal) made on 12 May 2003 in which the Tribunal affirmed a decision of a delegate of the Minister refusing the applicants protection visas for which they had made claims. The first applicant is a national of Bangladesh and is the mother of the infant second applicant who was born in Australia after arrival on 15 January 2002, the first applicant having arrived in Australia on 17 March 2001. There were two applications for visas but it was recognised that the second applicant's application was dependent upon the success of the first applicant’s.

2. The claims of the first applicant and her subjective fears of returning to Bangladesh claimed by her were set out in a statement accompanying her application for a visa.  Briefly, and in summary form, they related to the history of her relationship with a man she met in college while studying for her secondary school Higher Certificate.  Their relationship apparently blossomed and she apparently, the first applicant that is, began to live with the man in question not within the context of a formal marriage relationship.  Her expectations of the relationship were deeply disappointed by life with this gentleman, in particular because of the attitude of his immediate family.

3. The first applicant's own family were apparently deeply disapproving of the conduct in question.  After the man in question went to Kuwait to find work, the first applicant continued to remain with his family and her treatment at their hands apparently became worse.  In particular, she was abused and mistreated by the man's younger brother in the fashion she sets out in her statement.  Through relatives she managed to come to Australia under a visitor's visa.  She says that if she returns home she will be persecuted by those in the man's family and that her family will no longer accept her.

4. She says that she would not be accepted now by the man…