SGCB v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SGCB v MINISTER FOR IMMIGRATION [2002] FMCA 218

MIGRATION – Review of Refugee Review Tribunal decision affirming delegate’s decision to refuse to grant a protection visa – no reviewable error disclosed – application dismissed.

Federal Magistrates Court Rules 2001 (Cth)
Migration Act 1958 (Cth), ss.65, 474

NAAV v Minister for Immigration [2002] FCAFC 228
NAIN v Minister for Immigration [2002] FMCA 177

Applicant: SGCB

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File No: AZ229 of 2002

Delivered on: 20 September 2002

Delivered at: Adelaide

Hearing Date: 20 September 2002

Judgment of: Driver FM

REPRESENTATION

Applicant appeared in person

Counsel for the Respondent: Mr S Stretton

Solicitors for the Respondent: Sparke Helmore

ORDERS

1. Application dismissed.

2. Applicant to pay respondent’s costs and disbursements of and incidental to the application, fixed at $3,000.
   
   

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
ADELAIDE

SZ229 of 2002

SGCB

Applicant

And

MINISTER FOR IMMIGRATION &
MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

1. I have before me for ex tempore judgment an application to review a decision of the Refugee Review Tribunal (“the RRT”) made on 25 June 2002.  The application was filed originally in the Federal Court and transferred to this Court.  The applicant seeks writs of certiorari, prohibition and mandamus.  The applicant asserts that the RRT exceeded its jurisdiction in making its decision to affirm a decision of the delegate not to grant a protection visa.  The applicant also asserts that the RRT constructively failed to exercise its jurisdiction in arriving at its decision.

2. The background facts relating to this matter are set out in paragraphs 1 through to 17 of the written submissions filed on behalf of the Minister.  I accept those facts as accurate and adopt them for the purposes of this decision.  The applicant, who claims to be a citizen of Afghanistan, arrived in Australia on 1 August 2001.  On 22 September 2001 he lodged an application for a protection (class XA) visa with the Department of Immigration and Multicultural and Indigenous Affairs under the Migration Act 1958(Cth) (“the Migration Act”). On 11 April 2002 a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs refused to grant a protection visa and on 12 April 2002 the applicant applied to the RRT for review of that decision.

3. The applicant has, in the last few days, faxed to the Court written submissions which go to the current political situation in Afghanistan.  He has also included a photocopy of an original newspaper article he holds.  That article purportedly sets out facts about members of his family who are accused of plotting as part of an Islamic association to set off a bomb in Kabul.  The applicant told me that the article is dated 13 March 2002 and was received by him on 4 September 2002.  The applicant asserts that while he made an allegation to the RRT about that matter, he did not have any proof at the time he was heard by the RRT.