SZAAT v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZAAT v MINISTER FOR IMMIGRATION [2003] FMCA 71

MIGRATION – Review of decision of the Refugee Review Tribunal – application for protection visa – whether the applicant had been denied procedural fairness by not being given warning that other country information was being considered – whether the Tribunal disregarded the requirements of s.424A of the Migration Act – credibility of applicant’s evidence – whether review should be declined in circumstances where a breach is found not to be material.

Migration Act 1958 (Cth), s.424(1) and (3)(a)

Kamal v Minister for Immigration [2002] FCA 818
Kioa v West (1985) 159 CLR 550
Minister for Immigration v Al Shamry (2001) 110 FCR 27
Muin v Refugee Review Tribunal; Lie v Refugee Review Tribunal [2002] 190 ALR 60
NAIH of 2002 v Minister for Immigration [2002] FCA 1010
SDAC v Minister for Immigration [2002] FCA 1482
VAF v Minister for Immigration [2003] FCA 18
W252/01A v Minister for Immigration [2002] FCA 50
WAFA of 2002 v Minister for Immigration [2002] FCAFC 248

Applicant: SZAAT

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File No: SZ 942 of 2002

Delivered on: 10 March 2003

Delivered at: Sydney

Hearing date: 3 March 2003

Judgment of: Raphael FM

REPRESENTATION

Counsel for the Applicant: Mr J Patel

Counsel for the Respondent: Mr M Wigney

Solicitors for the Respondent: Clayton Utz

ORDERS

1. Application dismissed.

2. Applicant to pay the respondent’s costs assessed in the sum of $4,250 pursuant to Part 21 Rule 21.02(2)(a) of the Federal Magistrates Court Rules.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SZ 942 of 2002

SZAAT

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL
& INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

1. The applicant in this matter is a citizen of Uganda. He arrived in Australia on 30 August 1996 on a visitor’s visa. On 26 February 1997 he applied for a protection (Class XA) visa. His application was considered by a delegate of the Minister who rejected it on the

   
   

   15 February 1999. On 19 March 1999 the applicant applied for review of that decision by the Refugee Review Tribunal. The Tribunal considered the matter and made its decision on 12 August 2002, handing it down on 3 September 2002.

2. The grounds upon which the applicant seeks review of the delegate’s decision are contained in his application dated 1 October 2002. He was represented at the hearing before me. But in fairness to Mr Patel, his counsel I should note that he only came into the matter the previous day and therefore did not have time to prepare an amended application which more accurately reflected the grounds upon which he argued the applicant’s case. During the course of the hearing counsel agreed that he was proceeding under paragraph 2 of the original application (denial of natural justice), paragraph 3 (bias) and paragraph 5 (the Tribunal failed to complete its mandate and made orders without jurisdiction).

3. The applicant is approximately 36 years of age and was resident in Kampala the…