SZAPW v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZAPW v MINISTER FOR IMMIGRATION [2004] FMCA 380

MIGRATION – Refugee Review Tribunal – protection visa – application for review of decision by Refugee Review Tribunal – applicant from Bangladesh – applicant claims well-founded fear of persecution – no reviewable error.

Migration Act 1958 (Cth)

Prasad v Minister for Immigration and Ethnic Affairs (1958) 65 ALR 539
Luu v Renevier (1989) ALR 39
Kioa v West (1985) 159 CLR 550
Abebe v Commonwealth of Australia (1999) 197 CLR 510

Applicant: SZAPW

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File No: SZ 851 of 2003

Delivered on: 27 April 2004

Delivered at: Sydney

Hearing date: 27 April 2004

Judgment of: Scarlett FM

REPRESENTATION

Solicitors for the Applicant: In person

Counsel for the Respondent: Mr Lloyd

Solicitors for the Respondent: Sparke Helmore

ORDERS

1. The Application is dismissed.

2. The Applicant is to pay the Respondent’s costs in the sum of $4,000.00.

3. I allow 28 days to pay.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SZ 851 of 2004

SZAPW

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

1. The application before the court is an application for a review of a decision made by the Refugee Review Tribunal.  The decision was handed down on 22 April 2003.  In that decision, the Refugee Review Tribunal affirmed a decision by the delegate of the Minister not to grant the applicant a protection visa. 

2. The applicant is a citizen of Bangladesh.  He has come to Australia on two occasions.  The first time was in October 2000.  He returned to Bangladesh and travelled back to Australia on 12 November 2001.  On 24 December of that year, he lodged an application for a protection visa.  In his statutory declaration forming part of his application, the applicant said that he was applying for a protection visa so he could remain in Australia permanently.  He said that his life was in danger of persecution and death in Bangladesh. 

3. On 7 March 2002, the Department wrote to the applicant asking him some questions about his application.  The questions related to three matters.  First, the letter said that independent information available to the department did not indicate that leaders of the Jatiya Party, were being targeted for persecution by various people.  Second, the United States State Department country report for 2001, said that the higher levels of the judiciary in Bangladesh display a significant degree of independence and often rule against the government. Third the letter said that the applicant could relocate to other places in Bangladesh if he could not continue to live in his normal neighbourhood.

4. The basis of the applicant's application was that his membership of the Jatiya Party rendered him liable to persecution and threats of death.  He said that the police had brought false charges against him for political reasons, and that he did not believe that he would be dealt with fairly. 

5. The letter from the Department dated 7 March 2002, gave the applicant…