Careem, Thajudeen Abdul v Minister for Immigration and Multicultural Affairs

[1998] FCA 1504

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NG 350  of  1998

BETWEEN:	THAJUDEEN ABDUL CAREEM Applicant
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Respondent

JUDGE:	EMMETT J
DATE OF ORDER:	23 OCTOBER 1998
WHERE MADE:	SYDNEY

THE COURTS ORDERS THAT:

1. The application be dismissed with costs.

THE COURT DIRECTS THAT:

1. The respondent inform the applicant of the order.

1. The respondent not enter any order until the expiration of seven days after the applicant has been notified of the order.

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	NG 350  of  1998

BETWEEN:	THAJUDEEN ABDUL CAREEM Applicant
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Respondent

JUDGE:	EMMETT J
DATE:	23 OCTOBER 1998
PLACE:	SYDNEY

EX TEMPORE REASONS FOR JUDGMENT

HIS HONOUR:   On 25 September 1998, I heard an application by Thajudeen Abdul Careem (“the Applicant”) for an order of review for the decision of the Refugee Review Tribunal (“the Tribunal”).  On that day, I gave my reasons for reaching the provisional conclusion that the application should be dismissed with costs. 

However, the Applicant, who appeared in person, indicated that he wished the opportunity to take legal advice and to make further submissions.  Having given reasons for reaching the conclusion that I would be disposed to dismiss the application for costs, I gave leave to the Applicant to file and serve no later than 9 October 1998 any written submissions which he wished to make in support of his application.

I subsequently extended the time for making those submissions to 16 October 1998 and I have received further written submissions from the Applicant.  Those written submissions indicate that the Applicant was not able to get legal advice since he could not pay legal fees.  He said in his written submission that a sympathiser typed what he wanted to say in the form which was sent to me and to the Minister's legal advisers. 

The substance of the submissions is that the Tribunal reached a wrong conclusion. The further submissions are addressed to the merits of the decision and do not appear to me to raise any ground, set out in section 476 of the Migration Act 1958 (Cth). The final submission by the Applicant is as follows:

I sincerely think that the RRT has challenged my credibility for no justifiable reason.  It is a known fact that if the credibility is challenged, refugee applicants are prevented from seeking review at the Federal Court.  I strongly think that the RRT was biased in deciding my case. 

There was no ground of bias indicated in the original application and nothing further has been said in support of that ground.  I am not satisfied that the ground is made out or that it is likely to be made out on the material which is presently being presented to me.  Accordingly, I am not disposed to vary the provisional conclusion which I indicated on 25 September 1998 and I will make the order there foreshadowed.

I did not indicate on the last occasion that I expected the Applicant to be present or that I would give him any further opportunity of making oral argument.  Nevertheless, it appears that no arrangements were made for him to be present and for that reason I consider that it is appropriate that he at least be given the opportunity of making any application which he wishes under Order 35 Rule 7 of the Federal Court Rules.  To that end, I will direct the Respondent to inform the Applicant of the order which I have made and direct the Respondent not to enter any order until the expiration of seven days after the Applicant has been notified of the order.

I certify that this and the preceding one (1) pages are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett

Associate:

Dated:            23 October 1998

Counsel for the Respondent:	A.F. Backman
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	23 October 1998
Date of Judgment:	23 October 1998