Applicant S303/2003 v Minister for Immigration and Citizenship

The appellant, a citizen of Bangladesh, appealed against a decision of the Federal Magistrate dismissing an application for judicial review of a decision of the Refugee Review Tribunal affirming a decision of a delegate of the Minister for Immigration and Citizenship to refuse to grant a protection visa to the appellant. The appellant arrived in Australia in 1997 and claimed to have a well founded fear of persecution if returned to Bangladesh due to his Bihari ethnicity, alleging that he was targeted by Bengalis and the Awami League thugs due to his membership of the ‘Bihari movement’. The Tribunal accepted that Biharis in Bangladesh were subjected to some ill-treatment, but was not satisfied that the appellant was a credible witness. The appellant argued that the Tribunal failed to exercise its jurisdiction under the Act, failed to consider his persecution on the basis of his race and discrimination, did not follow the proper procedure to determine his case, and acted in bad faith.

The court considered the arguments put forward by the appellant and examined the evidence presented to the Tribunal. The court found that the Tribunal had considered the evidence presented by the appellant and had made findings based on the evidence. The court found that the Tribunal had not failed to exercise its jurisdiction, had considered the appellant’s claim of persecution on the basis of his race and discrimination, had followed the proper procedure in determining the appellant’s case, and had not acted in bad faith. The court found that the Tribunal’s decision was not flawed and dismissed the appeal.

The court ordered that the appeal be dismissed and that the appellant pay the costs of the first respondent. The court found that the Tribunal’s decision was based on the evidence presented and that the appellant had not established any error on the part of the Tribunal. The court found that the appellant’s arguments were without merit and that the Tribunal’s decision should be upheld.