SBLC v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SBLC v MINISTER FOR IMMIGRATION & ANOR [2008] FMCA 551

MIGRATION – Review of Refugee Review Tribunal decision – refusal of protection visa – error of law – whether Tribunal considered irrelevant material – bias – whether decision disclosed irrational or illogical reasoning – no error found – application dismissed.

Migration Act 1958 (Cth), ss.424A, 474, 476

Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476
Craig v South Australia (1995) 184 CLR 163
Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259
Minister for Immigration & Multicultural Affairs: Ex-parte Durairajasingham (1999) 168 ALR 407
Re Refugee Review Tribunal & Anor: Ex-parte H & Anor (2001) 179 ALR 425
Re Minister for Immigration & Multicultural Affairs: Ex-parte Applicant S20/2002 (2003) 198 ALR 59
Htun v MIMA (2001) 194 ALR 244

Applicant: SBLC

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: ADG 300 of 2007

Judgment of: Brown FM

Hearing date: 1 April 2008

Date of Last Submission: 1 April 2008

Delivered at: Adelaide

Delivered on: 10 September 2008

REPRESENTATION

Solicitors for the Applicant: Applicant in person

Counsel for the first Respondent: Mr D'Assumpcao

Solicitors for the first Respondent: Australian Government Solicitor

Counsel for the second Respondent: Mr D'Assumpcao

Solicitors for the second Respondent: Australian Government Solicitor

ORDERS

1. All applications are dismissed.

2. The applicant pay the first respondent’s costs fixed in the sum of four thousand five hundred dollars ($4,500.00).

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
ADELAIDE

ADG 300 of 2007

SBLC

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

Introduction

1. The applicant is a citizen of Vietnam.  He arrived in Australia, on 11 July 2003, on a short visit tourist visa.  Shortly afterwards, he applied to the Department of Immigration & Citizenship “the Department” for a protection visa (Class XA). 

2. The basis of his claim for protection, within Australia, was that he had previously been involved in the collection of intelligence for the South Vietnamese Government, as an undercover police officer, prior to the fall of South Vietnam in April 1975. 

3. As a result of this employment, he claimed to both fear and to have suffered political persecution from the Communist Government of Vietnam, which fear had intensified upon his receipt of a summons, on 20 May 2003, from the Vietnamese Government requiring him to attend for questioning.  He had not attended this alleged interrogation, prior to his departure to Australia.  

4. On 9 February 2005, an officer of the Department determined that the applicant was not entitled to a protection visa.  As a result, the applicant sought a review of this decision in the Refugee Review Tribunal “the RRT”.  On 8 August 2005, the RRT affirmed the decision not to grant the applicant a protection visa. 

5. On 7 September 2005, the applicant sought a judicial review of this decision in the Federal court of Australia at Adelaide.  On 3 February 2006, Finn J ordered…