SBAV v Minister for Immigration and Multicultural and Indigenous Affairs

[2002] FCA 1078

FEDERAL COURT OF AUSTRALIA

SBAV v Minister for Immigration & Multicultural & Indigenous Affairs

[2002] FCA 1078

SBAV v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

S.242 of 2001

MANSFIELD J
13 SEPTEMBER 2002
ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	S.242 OF 2001

BETWEEN:	SBAV APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	MANSFIELD J
DATE OF ORDER:	13 SEPTEMBER 2002
WHERE MADE:	ADELAIDE

THE COURT DECLARES THAT:

1.The decision of the Refugee Review Tribunal given on 11 December 2001 is null and void.

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.242 OF 2001

BETWEEN:	SBAV APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	MANSFIELD J
DATE:	13 SEPTEMBER 2002
PLACE:	ADELAIDE

REASONS FOR JUDGMENT

1. This is an application under s 39B of the Judiciary Act 1903 (Cth) to have declared null and void a decision of the Refugee Review Tribunal (the Tribunal) given on 11 December 2001. The Tribunal affirmed the decision of a delegate of the respondent refusing to grant to the applicant a protection visa under the Migration Act 1958 (Cth) (the Act).

2. The applicant is the 19 year old son of Iranian parents, who themselves applied for a protection visa under the Act on the same day and with the same result.  His 22 year old brother also applied for a protection visa in the same circumstances.

3. The parties are agreed that the outcome of this application should be the same as the application before the Court under s 39B of the Judiciary Act in which the applicant’s parents and his younger brother is addressed:  SBAU v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1076. I have delivered judgment in that matter today.

4. For the reasons set out in that judgment, in my view the application should be allowed.

5. I accordingly declare that the decision of the Tribunal given on 11 December 2001 is null and void.  I give leave to the parties to seek such further or consequential orders as they may be advised.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Mansfield.

Associate:

Dated:             9 September 2002

Counsel for the Applicant:	Ms AM Sheehan
Solicitor for the Applicant:	Galbally Rolfe
Counsel for the Respondent:	Ms S Maharaj
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	24 May 2002
Date of Judgment:	13 September 2002