Butt v Minister for Immigration and Multicultural Affairs

[2000] FCA 1666

FEDERAL COURT OF AUSTRALIA

Butt v Minister for Immigration & Multicultural Affairs [2000] FCA 1666

MOHAMMAD IJAZ BUTT v MINISTER FOR IMMIGRATION
& MULTICULTURAL AFFAIRS

N 903 OF 2000

EMMETT J
14 NOVEMBER 200
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 903 OF 2000

BETWEEN:	MOHAMMAD IJAZ BUTT APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	EMMETT J
DATE OF ORDER:	14 NOVEMBER 2000
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.        The application be dismissed.

2.        The applicant pay the respondent’s 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	N 903 OF 2000

BETWEEN:	MOHAMMAD IJAZ BUTT APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	EMMETT J
DATE:	14 NOVEMBER 2000
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. The applicant is a citizen of Pakistan who arrived in Australia on 16 May 1998.  On 18 June 1998 he lodged an application for a protection (class AZ) visa with the Department of Immigration and Multicultural Affairs (“the Department”).  On 21 July 1998 a delegate of the Minister for Immigration and Multicultural Affairs (“the Minister”) refused to grant a protection visa and on 20 August 1998 the applicant applied for a review of that decision.  On 13 July 2000 the Refugee Review Tribunal (“the Tribunal”) affirmed the decision not to grant a protection visa.  On 22 August 2000 the applicant applied to this Court for an order of review of the decision of the Tribunal.

2. The only grounds specified in the application are as follows:

   “Most of my documents are lost & misplaced and since I have already asked my family to forward me the copies of all, I ask you to please give me some time to collect all the evidence & papers and let me stand & prove my claims.  I definitely do not feel safe to return to Pakistan at this stage because of the threat to my life.  I will simply become another political victim.”

3. When the matter first came before me I listed the matter for hearing today.  The applicant on that occasion appeared in person.  When the matter was called today there was no appearance for the applicant.  I have evidence that Ms Frances Backman of counsel, who had been appointed to assist the applicant pro bono, has had difficulty communicating with the applicant.  The solicitor for the Minister also gave evidence in an affidavit that he had communicated with a telephone number furnished by the applicant and had been informed that the applicant was intending to travel overseas.  There was also evidence before me that the applicant has, in fact, left Australia.  That evidence consists of a print out of movements from the Department indicating that the applicant left Australia by aircraft on 3 November 2000.

4. Although the applicant was given the opportunity to appear before the Tribunal, he failed to do so.  The Tribunal observed that the applicant had provided little detailed information about his particular personal experiences or the persecution he claims to have encountered in the past.  The Tribunal considered there were significant questions that arise in relation to what he has claimed.  Having considered the evidence as a whole the Tribunal was not satisfied that the applicant is a person to whom Australia has protection obligations under the Refugees Convention and for that reason the Tribunal affirmed the decision of the Minister’s delegate. 

5. The respondent asks that the application be dismissed.  In the light of what I have outlined above, I consider the appropriate order is to dismiss the application 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 Emmett.

Associate:

Dated:            18 November 2000

Solicitor for the Respondent:	Mr A Mullins for Blake Dawson Waldron
Date of Hearing:	14 November 2000
Date of Judgment:	14 November 2000