SZBBZ v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZBBZ v MINISTER FOR IMMIGRATION [2004] FMCA 1010

MIGRATION – Review of decision of RRT – where applicant’s husband was murdered – where Tribunal found no Convention nexus – where applicant claimed Tribunal did not consider relevant documents – where no evidence of existence of documents produced.

Migration Act 1958 (Cth), s.91R(1)
Federal Magistrates Court Rules 2001

NARE v Minister for Immigration [2003] FCA 554

Applicant: SZBBZ

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File No: SYG 1501 of 2003

Delivered on: 8 December 2004

Delivered at: Sydney

Hearing date: 8 December 2004

Judgment of: Raphael FM

REPRESENTATION

For the Applicant: Applicant in person

Counsel for the Respondent: Mr J Smith

Solicitors for the Respondent: Sparke Helmore

ORDERS

1. Application dismissed.

2. Applicant pay the respondent's costs assessed in the sum of $4,000 pursuant to Part 21 Rule 21.02(2)(a) of the Federal Magistrates Court Rules.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 1501 of 2003

SZBBZ

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

1. The applicant is a citizen of Latvia.  She arrived in Australia on 17 August 2001.  On 24 September 2001 she lodged an application for a protection (Class XA) visa with the Department of Immigration and Multicultural and Indigenous Affairs.  On 28 February 2002 a delegate of the Minister refused to grant her a protection visa and on 27 March 2002 she applied for review of that decision.  The applicant attended an interview and gave evidence before the Tribunal on 13 June 2003.  On 19 June 2003 the Tribunal determined to affirm the decision not to grant a protection visa and it handed down its decision on 15 July 2003.

2. The factual circumstances are described in very short compass indeed in the Tribunal's decision and found at [CB 52-53].

   “The applicant in her protection visa application (PVA)  stated that she was born in 1960 in Latvia and is an ethnic Russian of the Orthodox faith.  She is an accountant by profession ...  She claims in her PVA that her life is in danger as her husband was killed by the corrupt authorities.  A death certificate No 305903 indicates that a named person died in Riga on 4 September 1997 from body trauma caused by an explosion.

   The delegate found that the applicant's claims were not  Convention related.

   In her application for review of the delegate's decision, the applicant stated that her husband's killing was politically motivated.  After his death she received harsh treatment not only from the people involved in the killing but also from the Latvian authorities.

   The applicant gave oral evidence to the Tribunal.  She stated that after her husband's death, she was threatened after her husband's murderer was released.  She does not know why he was killed.  The murderers were sentenced to 12 years but released after two years.  The authorities said her husband was killed for money but she does not believe it was for money as he was involved in…