SZAPB v Minister for Immigration and Multicultural and Indigenous Affairs

[2004] FCA 1153

FEDERAL COURT OF AUSTRALIA

SZAPB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1153

Migration Act 1958 (Cth) s 424A(1)

SZAPB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

N669 OF 2004

TAMBERLIN J
SYDNEY

13 AUGUST 2004

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N669 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

BETWEEN:	SZAPB APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	TAMBERLIN J
DATE OF ORDER:	13 AUGUST 2004
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

The appeal is dismissed with 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	N669 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

BETWEEN:	SZAPB APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	TAMBERLIN J
DATE:	13 AUGUST 2004
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an appeal from a Federal Magistrate given on 22 April 2004 in Sydney, in which two grounds of appeal are raised. 

2. The first ground is that the Magistrate failed to find that the Refugee Review Tribunal (“the Tribunal”) erred in not taking into consideration the appellant’s claim in relation to the threat to his life and liberty, and of harassment, that would be initiated by the Bangladesh High Commission and the Ministry of Foreign Affairs in the People’s Republic of Bangladesh, if he were to return to his country of residence. The second ground is that the Magistrate failed to consider that the Tribunal went beyond its jurisdiction in failing to accord the appellant procedural fairness as required under section 424A(1) of the Migration Act 1958 (Cth). The orders sought are that the application be allowed and the decision of the Federal Magistrate be set aside.

3. When the matter came on for hearing before me today the appellant appeared with an interpreter and made no submissions apart from reiterating a general dissatisfaction with the reasons for judgment of the Tribunal.

4. In my view, no grounds have been pointed to or shown, and I am not persuaded, that there was any error in the judgment of the Federal Magistrate or in the reasons for decision of the Tribunal.  I have taken into account the submissions filed by the Minister, which summarise the basis of the Tribunal’s decision and cite the relevant authorities.

5. The order of the Court is that the appeal be dismissed with costs.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin.

Associate:

Dated:             13 August 2004

The Appellant appeared in person with the assistance of an interpreter
Counsel for the Respondent:	T Riley
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	13 August 2004
Date of Judgment:	13 August 2004