V854/00A v Minister for Immigration and Multicultural Affairs

FEDERAL COURT OF AUSTRALIA

V854/00A v Minister for Immigration and Multicultural Affairs [2001] FCA 1017

V854/00A v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
V854 of 2000

ALLSOP J

SYDNEY

3 AUGUST 2001

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	V854 of 2000

BETWEEN:	V854/00A APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	ALLSOP J
DATE OF ORDER:	3 AUGUST 2001
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application be dismissed.

2.The applicant pay the respondent’s costs.

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

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	V854 of 2000

BETWEEN:	V854/00A APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	ALLSOP J
DATE:	3 AUGUST 2001
PLACE:	SYDNEY  (Heard in Adelaide)

REASONS FOR JUDGMENT

1. In this matter the applicant seeks an order for review by the Court of a decision of the Refugee Review Tribunal (the Tribunal) handed down on 5 October 2000, in which the Tribunal affirmed the decision of a delegate of the respondent Minister refusing the grant of a protection visa under the Migration Act 1958 (Cth) (the Act).

2. The applicant is a national of Iraq.  He arrived in Australia by boat on 16 December 1999 without a valid entry permit.  He was placed in immigration detention, where he remains.  On 13 June 2000 he applied for a protection visa under the Act.

3. The applicant has been identified by a number in order to maintain as far as possible his anonymity.

4. By letter dated 13 July 2000 a delegate of the Minister informed the applicant that his application for a protection visa was refused.  The reasons for that refusal were recorded in writing and dated 13 July 2000 and reflected a decision by the delegate that the applicant was not a person to whom Australia owed protection obligations under the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 as amended by the Protocol relating to the Status of Refugees done at New York on 31 January 1967 (the Convention).

5. The applicant sought review of that decision in the Tribunal by application made on 19 July 2000.  On 29 September 2000 a hearing was held before the Tribunal, conducted by video facilities.  The applicant had been advised by a solicitor or migration agent.  At the hearing the applicant gave evidence.

6. On 5 October 2000 the Tribunal handed down its decision to the effect that the applicant was not entitled to a protection visa.  It is this decision in respect of which the applicant now seeks review.

7. This matter was heard in Adelaide between 25 and 29 June 2001 together with a number of other matters, all involving nationals of Iraq who had been in Syria for various periods of time.  Common legal issues arise in the applications.  I have set out in V856/00A v Minister for Immigration and Multicultural Affairs [2001] FCA 1018 my views on these common…