SZAIZ v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZAIZ v MINISTER FOR IMMIGRATION [2004] FMCA 22

MIGRATION – Review of RRT decision – where applicant’s oral testimony conflicted with written submissions – whether RRT failed to consider whether applicant would be afforded effective state protection – where applicant claimed that he was a victim of extortion targeted because he was a successful Hindu businessman – whether RRT limited its consideration of persecution to the persecutor’s personal motivations and did not consider whether the convention based reason was the “essential and significant reason” for the alleged persecution – whether RRT relied on country information which post dated the events in question – where applicant claimed that it was not reasonable for him to relocate within his country of nationality because he would continue to suffer the same persecution unless he abandoned his occupation and alleged political activity.

Migration Act 1958 (Cth), s.91R(1)(a)
Federal Magistrates Court Rules, P 21 r 21.02(2)(a)

Welivita v Minister for Immigration (unreported) 18 November 1996
Minister for Immigration v Khawar [2002] CLR 1
Labara v MIMA [2002] FCAFC 145
A & Ors v Minister for Immigration [1999] FCA 116
Minister for Immigration v Wu Shan Liang  (1996) 185 CLR 259

Minister for Immigration & Multicultural Affairs v Rajalingam [1999] 93 FCR 220

NAFT v Minister for Immigration [2003] FCAFC 254
Minister for Immigration v Yusuf [2001] 206 CLR 323
Minister for Immigration v Eshutu (1999) 197 CLR 611
Minister for Immigration v Guo (1997) 197 CLR 559
S395 of 2002 v Minister for Immigration [2003] HCA 71

“The Open Society and its Enemies” Karl Popper, Routledge 1945

Applicant: SZAIZ

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File No: SZ 536 of 2003

Delivered on: 23 January 2004

Delivered at: Sydney

Hearing date: 15 January 2004

Judgment of: Raphael FM

REPRESENTATION

Counsel for the Applicant: Mr B Zipser

Counsel for the Respondent: Mr J Potts

Solicitors for the Respondent: Clayton Utz

ORDERS

1. Application dismissed.

2. Applicant to pay respondent’s costs in the sum of $4,750 pursuant to Part 21 Rule 21.02(2)(a) of the Federal Magistrates Court Rules.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SZ 536 of 2003

SZAIZ

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 25 July 1999.  On 6 August 1999 the applicant lodged an application for a protection (Class XA) visa.  On 22 October 1999 a delegate of the Minister refused to grant a protection visa and on 17 November 1999 the applicant applied for a review of that decision.  The applicant was represented by a firm of immigration lawyers before the Tribunal and submitted to the Tribunal a considerable quantity of information and representations. The applicant gave oral evidence to the Tribunal on 18 July 2002.  The Tribunal provided the applicant with an opportunity to supply it with additional information.  The Tribunal came to its decision on 20 November 2002 and handed it down on 17…