NALJ v Minister for Immigration and Multicultural and Indigenous Affairs

[2003] FCA 612

FEDERAL COURT OF AUSTRALIA

NALJ v Minister for Immigration & Multicultural & Indigenous Affairs
[2003] FCA 612

NALJ v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
N311 of 2003

MADGWICK J
26 MAY 2003
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N311 OF 2003

BETWEEN:	NALJ APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	MADGWICK J
DATE OF ORDER:	26 MAY 2003
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application be dismissed.

2.The applicant is to 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	N311 OF 2003

BETWEEN:	NALJ APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	MADGWICK J
DATE:	26 MAY 2003
PLACE:	SYDNEY

REASONS FOR JUDGMENT
(revised from transcript)

HIS HONOUR:

1. This is yet another legally hopeless application to the Court for judicial review of a decision of the Refugee Review Tribunal (“the Tribunal”) affirming a decision of a delegate of the respondent Minister to deny the applicant a protection visa. 

2. The applicant is a national of Bangladesh.  He arrived in Australia on 11 September 2000 and applied for a protection visa as long ago as 25 September 2000.  Over six months later on 19 April 2001 the delegate of the respondent Minister refused the application for the grant of a protection visa.  On 1 May 2001 the applicant applied to the Tribunal and sought the review of that decision.  The Tribunal invited the applicant to attend a hearing on 13 December 2002.  The applicant appeared before the Tribunal and gave evidence.  The Tribunal handed down its decision on the 19 February 2003. 

3. The applicant’s claim was that he was a leading member of the Bangladesh Nationalist Party (“BNP”) in Dhaka, having been involved in student politics as a supporter of the BNP’s youth wing up to 1994 and on conclusion of certain studies he later became an executive member of the party’s committee for the Dhaka “Metropolitan City”.  He claimed to be the “General Secretary of his area”.  He claimed that on 10 June 2000, during a street demonstration by BNP members of whom he was one against the then Awami League government, an incident occurred involving the demonstrators and retaliating supporters of the Awami League.  In the course of the demonstration a passerby was shot dead.  The Awami League accused the applicant and others of responsibility for that death.  The applicant said that a false murder charge was lodged with the police against him in relation to the incident.  He then went into hiding with various relatives to avoid arrest. The police harassed his family for failing to disclose his whereabouts.  He feared life imprisonment if arrested because he said that the police and judiciary were biased in favour of the Awami League government.  He left for Australia on 9 September 2000.

4. The Tribunal Member during the…