Savic v Minister for Immigration & Multicultural Affairs

FEDERAL COURT OF AUSTRALIA

[2001] FCA 1787

Savic v Minister for Immigration & Multicultural Affairs

Migration Act 1958 (Cth) ss 420(2)(a),(b), 476(1),(b),(c),(e),(g), 476(4)(a),(b)
Administrative Decisions (Judicial Review) Act 1997 (Cth) s 5(1)(h), 5(3)(a),(b)

Chan Yee Kin v Minister for Immigration & Ethnic Affairs (1989) 169 CLR 379 referred to
Minister for Immigration & Ethnic Affairs v Guo (1997) 191 CLR 559 applied
Bank of Valetta PLC v National Crime Authority [1999] FCA 791 applied
Scruples Imports Pty Ltd v Crabtree & Evelyn Pty Ltd (1983) 1 IPR 315 applied
Parkasho v Singh [1968] P 233 considered
Minister for Immigration & Multicultural Affairs v Eshetu (1999) 197 CLR 611 referred to
Australian Broadcasting Appeal Tribunal v Bond (1990) 170 CLR 321 referred to
Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 referred to
Television Capricornia Pty Ltd v Australian Broadcasting Tribunal (1986) 13 FCR 511 considered
Western Television Ltd v Australian Broadcasting Tribunal (1986) 12 FCR 414 considered
Minister for Immigration & Multicultural Affairs v Yusuf (2000) 180 ALR 1 considered
Minister for Immigration & Multicultural Affairs v Rajalingam [1999] FCA 179, (1999) FCR 220 applied
Wu Shan Liang v Minister for Immigration & Ethnic Affairs (1996) 185 CLR 259 considered

DUSAN SAVIC v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

S 72 of 2001

MANSFIELD J
18 DECEMBER 2001
ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	S 72 OF 2001

BETWEEN:	DUSAN SAVIC APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	MANSFIELD J
DATE OF ORDER:	18 DECEMBER 2001
WHERE MADE:	ADELAIDE

THE COURT ORDERS THAT:

1.          The application is allowed.

2.The application to the Refugee Review Tribunal is remitted to the Refugee Review Tribunal for reconsideration according to law.

3.          The respondent pay to the applicant costs of the application.

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 72 OF 2001

BETWEEN:	DUSAN SAVIC APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	MANSFIELD J
DATE:	18 DECEMBER 2001
PLACE:	ADELAIDE

REASONS FOR JUDGMENT

1. The applicant seeks review of a decision of the Refugee Review Tribunal (the Tribunal) given on 1 May 2001. The Tribunal affirmed a decision of a delegate of the respondent given on 5 August 1999 to refuse to grant to the applicant a protection visa under the Migration Act 1958 (Cth) (the Act).

2. There is only one ground of review argued on this application, so the background to the application and the Tribunal’s reasons for its decision need be referred to only briefly.

3. The applicant is 31 years of age, and is married with two children.  He is a national of the Federal Republic of Yugoslavia (FRY).  He is a Serbian who is an Orthodox Christian.  After completing his schooling in 1988, he undertook a year of military service.  He then worked as a driver employed by the government until 1991, and thereafter was self-employed as…