SZBCD v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZBCD v MINISTER FOR IMMIGRATION [2004] FMCA 1007

MIGRATION – Review of RRT decision – where applicant claims to have a well-founded fear of persecution for the Convention reason of political opinion – where applicant alleged that he had had false charges laid against him – where Tribunal found that the acts of harm complained of did not amount to persecution under the Act – where Tribunal found it reasonable for the applicant to relocate within Bangladesh – whether findings and reasons of the Tribunal decision evidence jurisdictional error or a denial of procedural fairness – whether the Tribunal is obliged to make inquiries into the claims made by the applicant – whether the Tribunal failed to comply with ss.424A and 418 Migration Act.

Judiciary Act 1903 (Cth), s.39B
Migration Act 1958 (Cth), ss.418, 424A
Federal Magistrates Court Rules 2001

Singh v MIEA (1996) 42 ALD 271
MIEA v Singh (1997) 144 ALR 284
VCAK of 2002 v MIMIA [2004] FCA 459
Hong v MIMIA [2004] FCA 1308
MIMIA v SGLB [2004] HCA 32
SZATG v MIMIA [2004] FCA 1595
Meadows v MIMA (1998) 90 FCR 370
Randhawa v MILGEA (1994) 52 FCR 437
NARE v MIMIA [2003] FCA 554

Applicant: SZBCD

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File No: SYG 1507 of 2003

Delivered on: 9 December 2004

Delivered at: Sydney

Hearing date: 9 December 2004

Judgment of: Raphael FM

REPRESENTATION

Counsel for the Applicant: Applicant in Person

Counsel for the Respondent: Mr J D Smith

Solicitors for the Respondent: Sparke Helmore

ORDERS

1. Application dismissed.

2. Applicant to pay the respondent’s costs assessed in the sum of $4,250 pursuant to Part 21 Rule 21.02(2)(a) of the Federal Magistrates Court Rules.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 1507 of 2003

SZBCD

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

   
   

   11 June 2002.  On 12 July 2002 he lodged an application for a protection (class XA) visa with the Department of Immigration and Multicultural and Indigenous Affairs.  On 30 July 2002 a delegate of the Minister refused to grant a protection visa and on 20 August 2002 the applicant applied for review of that decision.  The applicant attended a hearing before the Tribunal on 30 May 2003 and on 20 June 2003 the Tribunal determined to affirm the decision not to grant a protection visa.  It handed down that decision on 16 July 2003.

2. The applicant, who is a legally qualified medical practitioner, claims to have a well founded fear of persecution for the Convention reason of political opinion.  There is set out between [CB 159] and [CB 161] a statement which deals with the claims that he has to have been persecuted as a result of his membership first of the Chattra League and later of the Awami League.  He claims that he was targeted in the early 1990s by BNP leaders because…