SZEIV v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZEIV & ORS v MINISTER FOR IMMIGRATION & ANOR [2005] FMCA 1702

MIGRATION – Review of decision by Refugee Review Tribunal – refusal to grant protection visa – applicants claim persecution in Fiji on the basis of race.

Judiciary Act 1903 (Cth), s.39B
Migration Act 1958 (Cth), ss.5(1); 36(2); 65(1); 91R; 91S; 417; 417(1); 422B; 474; 483A

Abebe v Commonwealth of Australia (1999) 197 CLR 510
Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379
Minister for Immigration and Multicultural and Indigenous Affairs v Rajalingam [1999] FCA 719
Kalala v Minister for Immigration and Multicultural and Indigenous Affairs [2001] FCA 1594
NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263
Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 203 ALR 112
Dranichnikov v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 197 ALR 389

First Applicant: SZEIV

Second Applicant: SZEIW

Third Applicant: SZEIX

Fourth Applicant: SZEIY

Fifth Applicant: SZEIZ

First Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Second Respondent:	REFUGEE REVIEW TRIBUNAL
File Number:	SYG 2765 of 2004

Judgment of: Emmett FM

Hearing date: 24 October 2005

Date of Last Submission: 24 October 2005

Delivered at: Sydney

Delivered on: 22 November 2005

REPRESENTATION

Counsel for the Applicant: Mr A. Kumar

Counsel for the Respondent: Ms S. McNaughton

Solicitors for the Respondent: Mr I. Muthalib, Blake Dawson Waldron

ORDERS

1. That the Applicants be granted leave to add as a Second Respondent nunc pro tunc the Refugee Review Tribunal.

2. That the Refugee Review Tribunal be joined as Second Respondent.

3. That the applications before this Court are dismissed.

4. That the Applicants pay the costs of the First Respondent in the amount of $7275.00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 2765 OF 2004

SZEIV

First Applicant

SZEIW

Second Applicant

SZEIX

Third Applicant

SZEIY

Fourth Applicant

SZEIZ

Fifth Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This is an application pursuant to s.39B of the Judiciary Act 1903 (Cth) and s.483A of the Migration Act 1958 (Cth) (“the Act”) for judicial review of the decision of the Refugee Review Tribunal (“the Tribunal”) to affirm the decision of the delegate of the Minister for Immigration and Multicultural and Indigenous Affairs (“the Delegate”) not to grant a protection visa to the Applicant.

2. The Applicants are citizens of Fiji and comprise a family of two parents and three daughters. The Applicants arrived in Australia on

   
   

   10 January 1999. On 15 November 2002, the Applicants lodged an application for protection visas which were refused by the Delegate on 23 December 2002.

3. On 12 January 2003, the Applicants lodged with the Tribunal an application for review of the Delegate’s decision. On 29 October 2003, the Tribunal affirmed the decision not to grant the Applicants protection visas.

The Applicants’ claims before the Tribunal

1. The Applicants claimed that they had leased and occupied some 15 acres…