FEDERAL COURT OF AUSTRALIA

SBAT v Minister for Immigration & Multicultural & Indigenous Affairs

[2002] FCA 1077

SBAT v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

S.240 of 2001

MANSFIELD J

13 SEPTEMBER 2002

ADELAIDE

THE COURT DECLARES THAT:

1.                  The decision of the Refugee Review Tribunal given on 11 December 2001 is null and void.

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

REASONS FOR JUDGMENT

1                     This is an application under s 39B of the Judiciary Act 1903 (Cth) to have declared null and void a decision of the Refugee Review Tribunal (the Tribunal) given on 11 December 2001.  The Tribunal affirmed the decision of a delegate of the respondent refusing to grant to the applicant a protection visa under the Migration Act 1958 (Cth) (the Act).

2                     The applicant is the 22 year old son of Iranian parents, who themselves applied for a protection visa under the Act on the same day and with the same result.  His 19 year old brother also applied for a protection visa in the same circumstances.

3                     The parties are agreed that the outcome of this application should be the same as the application before the Court under s 39B of the Judiciary Act in which the applicant’s parents and his younger brother is addressed:  SBAU v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1076.  I have delivered judgment in that matter today.

4                     For the reasons set out in that judgment, in my view the application should be allowed.

5                     I accordingly declare that the decision of the Tribunal given on 11 December 2001 is null and void.  I give leave to the parties to seek such further or consequential orders as they may be advised.

Associate:

Dated:              9 September 2002