VWDC v Minister for Immigration

[2006] FMCA 50

FEDERAL MAGISTRATES COURT OF AUSTRALIA

VWDC v MINISTER FOR IMMIGRATION [2006] FMCA 50

MIGRATION – Application for review of decision by Refugee Review Tribunal – whether applicant had a well founded fear of persecution by reason of political involvement – jurisdiction of the court to review findings about applicant’s credibility – section 424A of the Migration Act.

Judiciary Act 1903 (Cth), s.39B

Migration Act 1958 (Cth), ss.422B,424A

Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576
Craig v South Australia (1995) 184 CLR 163
Minister for Immigration v Yusef (2001) 206 CLR 323 Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24
Re MIMIA; Ex Parte Durairjasingham (2000) 168 ALR 407

Applicant: VWDC

Respondent: MINISTER FOR IMMIGRATION & MULTICTURAL & INDIGEOUS AFFAIRS

File Number: MLG 707 of 2004

Judgment of: Connolly FM

Hearing date: 6 October 2005

Date of Last Submission: 6 October 2005

Delivered at: Melbourne

Delivered on: 23 January 2006

REPRESENTATION

Counsel for the Applicant: N/A

Solicitors for the Applicant: Self represented

Counsel for the Respondent: Ms L. De Ferrari

Solicitors for the Respondent: Australian Government Solicitor

ORDERS

1. The Refugee Review Tribunal be joined as a second named respondent.

2. That the application dated 16 February 2004 be dismissed with costs.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
MELBOURNE

MLG 707 of 2004

VWDC

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

The proceedings

1. This judgment arises from an application filed by the applicant on

   
   

   16 February 2004 seeking judicial review of the decision of the Refugee Review Tribunal on 17 December 2003 to affirm the decision of the delegate of the Minister for Immigration and Multicultural Affairs to refuse to grant a protection (class AZ) visa.

The history

1. The applicants are Sinhalese citizens of Sri Lanka.  They came to Australia on 16 July 1999 and lodged an application for protection (class AZ) visas with the Department of Immigration and Multicultural Affairs on 26 July 1999.  As the son and daughter rely on the claims of their mother, for convenience the mother shall hereinafter be referred to as “the applicant”.  Pursuant to the provisions for the issue of a protection visa in respect to applicants who are members of the same family unit, it is enough if one family member is a person to whom Australia has protection obligations. 

2. On 7 April 2000, a delegate of the Minister for Immigration and Multicultural Affairs refused to grant the protection visa.  The applicant applied for review of that decision to the Refugee Review Tribunal (“the Tribunal”), which affirmed the delegate’s decision on 5 February 2002.  The applicant applied for review of the Tribunal’s decision to the Federal Court of Australia. 

3. By order on 21 August 2003, the Federal Court set aside the Tribunal’s decision and remitted the matter back to the Tribunal (differently constituted).

4. The applicant claimed that she can not return to Sri Lanka as she fears persecution by reason of her political involvement with the United…