SZAIV v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZAIV v MINISTER FOR IMMIGRATION [2004] FMCA 29

MIGRATION – Review of RRT decision – where applicant returned to country of nationality several times after he ‘fled’ – where tribunal did not accept that applicant maintained a subjective fear of persecution – where applicant essentially seeking merits review – where applicant paid someone to prepare Outline of Submissions – where applicant did not understand content of that document.

Applicant: SZAIV

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File No: SZ 526 of 2003

Delivered on: 16 January 2004

Delivered at: Sydney

Hearing date: 16 January 2004

Judgment of: Raphael FM

REPRESENTATION

For the Applicant: Applicant in person

Counsel for the Respondent: Ms V Hartstein

Solicitors for the Respondent: Blake Dawson Waldron

ORDERS

1. Application dismissed.

2. Applicant to pay respondent’s costs in the sum of $4,500.00 pursuant to Part 21 Rule 21.02(2)(a) of the Federal Magistrates Court Rules.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SZ 526 of 2003

SZAIV

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

1. The applicant is a citizen of Bangladesh.  He arrived in Australia on 12 December 2000.  On 17 January 2000, he lodged an application for a protection (Class XA) visa with the Department of Immigration and Multicultural and Indigenous Affairs.  On 29 March 2001 a delegate of the Minister refused to grant a protection visa and on 22 April 2001, the applicant applied for review of that decision from the Refugee Review Tribunal. On 22 November 2002 the Tribunal wrote to the applicant advising it that it could not make a favourable decision based upon the information provided alone and set 20 December 2002 for a hearing.

2. The applicant was represented by a migration agent. The hearing in fact took place on 3 February 2003. The Tribunal made its decision to affirm the decision of the delegate on 28 February 2003 and handed that decision down on 21 March. The applicant claimed to have a well founded fear of persecution for the convention reason of political opinion. He informed the Tribunal and before it, the delegate, that in about 1988 he joined the Jatiya Party. He claimed that he had risen through its ranks and very soon had been elected as the Secretary of the Party in the Nangalkot Branch.

3. He stated that he organised political meetings in his local area but then he moved to Dhaka where he continued his political activity. The applicant claimed that he was the subject of extortion demands for political donations by both the BNP and the Awami League. He also states that at some time after 1990, he was accused of a political murder. In this regard he stated that he was found guilty and two of his colleagues who were also found guilty were sent to gaol for life. He, apparently, managed to escape and took shelter in one of his relatives houses in Dhaka.

4. The applicant claimed that on 27 January 1991 he…