V903/00A v Minister for Immigration and Multicultural Affairs [2001] FCA 1022

V903/00A v Minister for Immigration and Multicultural Affairs [2001] FCA 1022

The applicant is not a person to whom Australia owes protection obligations because effective protection is available to him in Syria, where he can re-enter, reside indefinitely, is not at risk of refoulement to Iraq, and does not have a well-founded fear of persecution in Syria. As such, he does not meet the criterion for the grant of a protection visa under the Migration Act 1958 (Cth).

Parties
Applicant: V903/00A; Respondent: Minister for Immigration and Multicultural Affairs
Jurisdiction
Australia
Judgment Date
03 August 2001
Procedural Posture
Judicial Review / Final Judgment
Outcome
application dismissed
Legal Topics
Protection Visas, Convention Relating to the Status of Refugees, Effective Protection in Third Countries
Immigration Law Administrative Law Protection Visas Convention Relating to the Status of Refugees Effective Protection in Third Countries

Case Brief

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Parties

V903/00A

Applicant

Minister for Immigration and Multicultural Affairs

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the applicant is a person to whom Australia owes protection obligations under the Migration Act 1958 (Cth)
  2. 2 Whether the applicant is entitled to a protection visa under section 36 of the Migration Act 1958 (Cth)

Ratio Decidendi

The applicant is not a person to whom Australia owes protection obligations because effective protection is available to him in Syria, where he can re-enter, reside indefinitely, is not at risk of refoulement to Iraq, and does not have a well-founded fear of persecution in Syria. As such, he does not meet the criterion for the grant of a protection visa under the Migration Act 1958 (Cth).

Court Disposition

application dismissed

Orders

  • The application be dismissed.
  • The applicant pay the respondent's costs.