NAGU v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

NAGU v MINISTER FOR IMMIGRATION [2002] FMCA 154

MIGRATION – Review of RRT decision affirming decision of a delegate not to grant a protection visa – alleged political activity in Bangladesh – credibility of the applicant – fabrication of documents.

Migration Act 1958 (Cth), s.474

Johnson v Johnson (2000) 74 ALJR 1380
Laws v Austrlaian Broadcasting Tribunal (1990) 70 CLR 70
MIMIA v Jia Legeng (2001) 75 ALJR 679

NAAG v MIMIA [2002] FCA 713

NACH v MIMIA [2002] FMCA 110
SAAG v MIMIA [2002] FCA 547
SBAN v MIMIA [2002] FCA 591
SCAA v MIMIA [2002] FCA 668

Applicant: NAGU

Respondent: MINISTER FOR IMMIGRATION, MULTICULTURAL & INDIGENOUS AFFAIRS

File No: SZ399 of 2002

Delivered on: 24 July 2002

Delivered at: Sydney

Hearing Date: 24 July 2002

Judgment of: Driver FM

REPRESENTATION

Applicant appeared in person

Counsel for the Respondent: Mr J Smith

Solicitors for the Respondent: Sparke Helmore

ORDERS

1. The application is dismissed.

2. The applicant is to pay the respondent’s costs and disbursement of and incidental to the application, which are fixed at $4,600.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SZ399 of 2002

NAGU

Applicant

And

MINISTER FOR IMMIGRATION,
MULTICULTURAL & INDIGENOUS AFFIARS

Respondent

REASONS FOR JUDGMENT

1. I have before me for ex tempore judgment an application to review a decision of the Refugee Review Tribunal (“the RRT”) made on 2 April 2002.  The decision of the RRT was to affirm a decision of a delegate of the respondent minister to refuse to grant the applicant a protection visa.  I have the benefit of an outline of written submissions prepared by the solicitors for the respondent Minister and I adopt as accurate the following statement of background facts contained in paragraphs 4 to 8 of that outline:

   The applicant, a citizen of Bangladesh, arrived in Australia on 18 June 1999 and lodged an application for a protection visa on 15 July 1999.  In his application the applicant claimed that he feared harm from members or supporters of the Awami League Party on account of his involvement in the Freedom Party.  He claimed that he had been attacked by them and that they had tried to kill him and to ruin his business and that they had lodged false cases against him.

   On 29 October 1999 a delegate of the respondent made a decision refusing to grant the applicant a protection visa and the applicant applied to the RRT for review of that decision.  On 28 February 2002 the applicant’s adviser sent written submissions to the RRT stating that the election success of the Bangladesh National Party in October 2000 had not changed the risks faced by the applicant and that, in February 2002 the applicant’s residence [in Bangladesh] had been ransacked and set on fire.  The applicant submitted a statutory declaration made on 3 March 2002 setting out further details of his claims.

   On 5 March 2002 the applicant attended a hearing held by the RRT and gave evidence.  The RRT handed down…