SZANR v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZANR v MINISTER FOR IMMIGRATION [2004] FMCA 419

MIGRATION – Review of RRT decision – where applicant did not attend Tribunal hearing – where applicant claimed to have a well founded fear of persecution for Convention ground of political opinion – whether Tribunal relied on information which ought to be disclosed to the applicant pursuant to s.424A – whether Tribunal obliged to deal with matters raised before the delegate – whether Tribunal considered the likelihood of future persecution – whether Tribunal obliged to consider existence of ‘effective state protection’ where it had found the applicant had not suffered persecution in the past – whether findings and reasons of tribunal evidence a denial of natural justice or failure to accord procedural fairness.

Federal Magistrates Court Rules 2001, Pt 21 r 21.02(2)(a)

Khawar v Minister for Immigration & Multicultural Affairs [1999] FCA 1529
SGBB v MIMIA [2003] FCA 709
NAHI v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 10
NARE v MIMIA [2003] FCA 554

Applicant: SZANR

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File No: SZ 766 of 2003

Delivered on: 17 June 2004

Delivered at: Sydney

Hearing date: 17 June 2004

Judgment of: Raphael FM

REPRESENTATION

For the Applicant: Applicant in person

Counsel for the Respondent: Mr S Lloyd

Solicitors for the Respondent: Blake Dawson Waldron

ORDERS

1. Application dismissed.

2. Applicant to pay the respondent’s costs assessed in the sum of $4,750.00 pursuant to Part 21 Rule 21.02(2)(a) of the Federal Magistrates Court Rules.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SZ 766 of 2003

SZANR

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 19 February 2000.  On 17 January 2001 he lodged an application for a protection (Class XA visa) with the Department of Immigration and Multicultural and Indigenous Affairs.  On 1 March 2001 a delegate of the Minister refused to grant a protection visa and on 26 March 2001 the applicant applied for a review of that decision.

2. On 29 November 2002 the Tribunal wrote to the applicant inviting him to attend a hearing to be held on 20 December 2002.  On 19 December 2002 the applicant sent to the Tribunal a facsimile indicating that he accepted that invitation.  On 20 December 2002 the applicant's adviser contacted the Tribunal to ensure that it had received the applicant's acceptance of the invitation to attend the hearing.  However, the applicant did not attend the hearing although approximately one month later on 10 January 2003 his migration consultant sent to the Tribunal a six-page submission [CB 93].

3. The applicant told me today that the reason he had not attended the hearing was that he was sick but it is interesting to note that that excuse is not repeated in the submission made by the adviser.

4. The applicant claimed to have a well-founded fear of persecution for the Convention reason of political opinion.  He…