SZAOM v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZAOM v MINISTER FOR IMMIGRATION [2004] FMCA 292

MIGRATION – Review of Refugee Review Tribunal decision – applicant claiming persecution in Lebanon from various sources – whether the RRT proceedings were fair – whether the RRT should have called the applicant’s sister as a witness or granted an adjournment for him to do so – whether the RRT decision unreasonable by reference to its finding on the arrest of a relative of the applicant by Israeli forces – no reviewable error found – application dismissed.

Migration Act 1958 (Cth), ss.36(2), 474, 476

Appellant S106 of 2002 v Minister for Immigration [2003] HCA 30
Fernando v Minister for Immigration [1999] FCA 480
Minister for Immigration; Ex parte Applicant S20/2003 (2003) 198 ALR 59
Minister for Immigration v Indatissa [2001] FCA 181
Minister for Immigration v Rajamanikkam (2002) 210 CLR 222
Morgani v Minister for Immigration [2003] FMCA 364
NANJ of 2002 v Minister for Immigration [2002] FCA 1138
NARE v Minister for Immigration [2003] FCA 97
Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476
Re Minister for Immigration; Ex parte Applicant S20/2003 (2003) 198 ALR 59
W360/01A v Minister for Immigration [2002] FCAFC 211

Applicant: SZAOM

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File No: SZ793 of 2003

Delivered on: 7 May 2004

Delivered at: Sydney

Hearing date: 7 May 2004

Judgment of: Driver FM

REPRESENTATION

Solicitors for the Applicant: Mr M Jones
Michael Jones, solicitor

Counsel for the Respondent: Mr M Wigney

Solicitors for the Respondent: Australian Government Solicitor

ORDERS

1. The application is dismissed.

2. The applicant is to pay the respondent’s costs and disbursements of and incidental to the application, fixed in the sum of $4,000.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SZ793 of 2003

SZAOM

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

1. This is an application to review a decision of the Refugee Review Tribunal (“the RRT”) made on 6 February 2001 and handed down on 27 February 2001.  The RRT affirmed a decision of a delegate of the Minister not to grant the applicant a protection visa.  The applicant is from Lebanon and made claims of persecution essentially on the basis if imputed political belief or possibly also religion.

2. The relevant background facts are adequately summarised in written submissions prepared on behalf of the Minister by Mr Wigney.  I adopt paragraphs 1, 2 and 3 of those written submissions for the purposes of this judgment:

   The applicant is a citizen of Lebanon.  He arrived in Australia on 1 June 7 February 1995 and applied for Protection (Class XA) Visas on 7 July 1995. 

   Section 36(2) of the Migration Act 1958 (Cth) (“the Migration Act”) provides that a criterion for the grant of a protection visa is that the applicant is a non-citizen in Australia to whom the Minister is satisfied Australia has protection obligations under the Refugees Convention as amended by the Refugees Protocol (“the Convention”). In general terms Australia…