SBBD v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SBBD & ANOR v MINISTER FOR IMMIGRATION [2002] FMCA 342

MIGRATION – Review of RRT decision – two applications heard together – protection visa – well-founded fear of persecution for reasons of religion – whether the Tribunal erred in law – whether the Tribunal acted bona fides – whether there was a foreseeable risk in the future.

Migration Act 1958 (Cth) s.474

Judiciary Act 1903 (Cth) s.39B

Sun Zhan Qui v Minister for Immigration & Ethnic Affairs (1997) 151 ALR 505

SAAG v Minister for Immigration [2002] FCA 547
Kan v Minister for Immigration [2002] FCA 923
Minister for Immigration v SBAN [2002] FCAFC 431

SBAP v Refugee Review Tribunal [2002] FCA 590

First Applicant:

Second Applicant:

SBBD

SBBE

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File Nos:

AZ 211 of 2002

AZ 212 of 2002

Delivered on: 23 December 2002

Delivered at: Sydney

Hearing Date: 17 December 2002

Judgment of: Raphael FM

REPRESENTATION

Counsel for the Applicant: Mr Collett

Solicitors for the Applicant: Clark Lawyers

Counsel for the Respondent: Mr Roder

Solicitors for the Respondent: Sparke Helmore Solicitors

ORDERS

1. Applications dismissed.

2. Applicants each to pay the respondent’s cost assessed in the sum of $2000 in accordance with Part 21, Rule 21.02 (2)(a) of the Federal Magistrates Court Rules.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SBBD

AZ 211 of 2002

First Applicant

SBBE
AZ 212 of 2002

Second Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL
& INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

1. These two cases involve applications for review of a decision of the Refugee Review Tribunal in respect of decisions made on the

   
   

   26 November 2001 and handed down on the 14 December 2001 not to grant protection visas to each of the applicants.

2. The applicants are brothers from the Kosovo region of the Republic of Serbia in the Federal Republic of Yugoslavia. They arrived in Australia around the 15 November 1999 and lodged applications for protection visas with the Department of Immigration & Multicultural & Indigenous Affairs on the 23 December 1999 (SBBE) and 24 December 1999 (SBBD). The delegate of the Minister rejected both applications and both applicants sought review by the Tribunal. The Tribunal arranged a hearing for both brothers on 8 November 2001. At [CB 155] of SBBD the Tribunal says:

   “The Tribunal notes that SBBD and SBBE made identical applications for their protection visas. In SBBD’s application apart from the initial application and oral evidence he gave at the RRT, the balance of the relevant information has been provided in three statutory declarations submitted by his brother, via their adviser, and in submissions and materials provided by the adviser. That information is also submitted in SBBE’s own application. For that reason, the Tribunal’s recording of the respective claims is more or less the same.”

   The case proceeded before me as if it were a joint case; hence these joint reasons for decision.

3. The applicants are sons of a farming family and originally…