Applicants S1137/2003 v Minister of Immigration and Multicultural and Indigenous Affairs

[2005] FCA 1293

FEDERAL COURT OF AUSTRALIA

Applicants S1137/2003 v Minister of Immigration and Multicultural and Indigenous Affairs [2005] FCA 1293

MIGRATION – appeal from the Federal Magistrates Court – no point of principle

APPLICANTS S1137/2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

NSD 638 OF 2005

TAMBERLIN J
SYDNEY
9 SEPTEMBER 2005

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 638 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

BETWEEN:	APPLICANTS S1137/2003 APPELLANTS
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	TAMBERLIN J
DATE OF ORDER:	9 SEPTEMBER 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

The appeal is dismissed with costs.

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

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 638 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

BETWEEN:	APPLICANTS S1137/2003 APPELLANTS
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	TAMBERLIN J
DATE:	9 SEPTEMBER 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an appeal from a judgment of Federal Magistrate Smith (“the Federal Magistrate”) delivered on 5 April 2005 in relation to two appellants who are citizens of Bangladesh.  The Federal Magistrate upheld a decision of the Refugee Review Tribunal (“the Tribunal”) handed down on 5 October 2000, affirming a decision of a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs (“the Minister”) not to grant protection visas to the appellants.

2. The appellants lodged an application for protection visas with the Department of Immigration and Multicultural and Indigenous Affairs claiming that they were in a mixed marriage, that their marriage was illegal and that they claimed to fear harm from those persons who opposed their marriage. 

3. When the matter came on for hearing before me today, the appellant raised a number of matters.  The principal one is that the issue of the mixed marriage had not been properly addressed by the Tribunal.  I have been taken to parts of the Tribunal's decision which set out the claims and which also deal with them.  There is no substance in this claim of error in relation to the Tribunal's decision or in the decision of the Federal Magistrate. 

4. A number of other grounds were raised by the appellant, however, on examination, and having regard to the matters pointed to by the Minister, I am not persuaded that there has been any error of law or principle shown in the decision of the Federal Magistrate or in the reasoning and reasons for judgment of the Tribunal.

5. Accordingly, the order of the Court is that the appeal is dismissed with costs

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin.

Associate:

Dated:            19 September 2005

The Appellant appeared in person with the assistance of an interpreter.
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	9 September 2005
Date of Judgment:	9 September 2005