Shabooti v Minister for Immigration and Multicultural Affairs

[2002] FCAFC 68

Shabooti v Minister for Immigration & Multicultural Affairs [2002] FCAFC 68

Shabooti v Minister for Immigration & Multicultural Affairs [2002] FCA 296

NOTE: CHANGES TO THE MEDIUM NEUTRAL CITATION (MNC)

The Federal Court adopted a new medium neutral citation (FCAFC) for Full Court judgments effective from 1 January 2002.  Single Judge judgments will not be affected and will retain the FCA medium neutral citation.

The transitional arrangements are as follows:

• All Full Court judgments delivered prior to 1 January 2002 will retain the FCA medium neutral citation.
• All Full Court judgments delivered between 1 January 2002 to 30 April 2002 have been assigned parallel medium neutral citations in both the FCA and FCAFC series. 
• All Full Court judgments delivered from 1 May 2002 will contain the FCAFC medium neutral citation only.

FEDERAL COURT OF AUSTRALIA

Shabooti v Minister for Immigration & Multicultural Affairs [2002] FCA 296

MIGRATION - appeal - no error in primary judge's reasons

Migration Act 1958 (Cth) s 476

SHABOOTI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

W 411 of 2001

BLACK CJ, WILCOX AND MOORE JJ
7 MARCH 2002
PERTH

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	W 411 of 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	AHMAD SHABOOTI APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
JUDGES:	BLACK CJ, WILCOX AND MOORE JJ
DATE OF ORDER:	7 MARCH 2002
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1.   The appeal be dismissed

2.   The appellant pay the respondent's costs of the appeal

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	W 411 of 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	AHMAD SHABOOTI APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT

JUDGES:	BLACK CJ, WILCOX AND MOORE JJ
DATE:	7 MARCH 2002
PLACE:	PERTH

REASONS FOR JUDGMENT

BLACK CJ:  

1. This is an appeal from a judgment of French J who declined to make an order for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") in which the Tribunal affirmed the decision of a delegate of the Minister for Immigration and Multicultural Affairs ("the Minister") to refuse a protection visa to the appellant.  French J was assisted in his consideration of the case by submissions made by a lawyer appearing without fee as part of the Federal Court's scheme for assisting people in this circumstance. The appellant has no legal assistance before this Court.

2. This Court has read the decision of the Tribunal and French J's reasons for judgment.  In substance, French J concluded that no relevant legal error had been shown in the way the Tribunal dealt with the matter. French J pointed out, as we also endeavoured to do during the hearing, that the role of the Tribunal is to decide all the questions of fact and the role of the Court in these cases is a very limited one concerned, essentially, with whether there was some error of law in the way the Tribunal approached the matter or conducted the hearing.

3. Having heard what Mr Shabooti put to the court today (through a very clear interpretation by the interpreter), I am not able to say that there was any error on the part of French J in the way he decided the case on review from the Tribunal and, accordingly, whilst I hope I appreciate the difficulty that Mr Shabooti faces by reason of his lack of knowledge of Australian law and of English, I am of the view that the appeal must be dismissed.

I certify that the preceding three (3) numbered paragraphs are a true copy of the reasons for judgment herein of the Honourable Chief Justice Black.

Associate:

Dated:             20 March 2002

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	W 411 of 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	AHMAD SHABOOTI APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT

JUDGES:	BLACK CJ, WILCOX AND MOORE JJ
DATE:	7 MARCH 2002
PLACE:	PERTH

REASONS FOR JUDGMENT

WILCOX J:  

1. I agree.  I appreciate that Mr Shabooti is deeply unhappy about the Tribunal's findings of fact.  However, at no point in the hearing before French J or before us has any point arisen which would enable the Court to intervene in the matter.  Accordingly, I share the view that we have no choice but to dismiss the appeal.

I certify that the preceding one (1) numbered paragraph is a true copy of the reasons for judgment herein of the Honourable Justice Wilcox.

Associate:

Dated:             20 March 2002

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	W 411 of 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	AHMAD SHABOOTI APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
JUDGES:	BLACK CJ, WILCOX AND MOORE JJ
DATE:	7 MARCH 2002
PLACE:	PERTH

REASONS FOR JUDGMENT

MOORE J:

1. I agree that the appeal should be dismissed. I also agree with the reasons given by the Chief Justice and the additional reasons given by Wilcox J.

I certify that the preceding one (1) numbered paragraph is a true copy of the reasons for judgment herein of the Honourable Justice Moore.

Associate:

Dated:             20 March 2002

Counsel for the Appellant:	The appellant appeared in person
Counsel for the Respondent:	Mr P.R. Macliver
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	7 March 2002
Date of Judgment:	7 March 2002