SZBPB v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZBPB & ANOR v MINISTER FOR IMMIGRATION [2005] FMCA 395

MIGRATION – Review of Refugee Review Tribunal decision – refusal of protection visas – applicants claiming religious and political persecution in India – applicants failing to respond to RRT hearing invitation – no reviewable error found – application dismissed.

Migration Act 1958 (Cth), s.427

Minister for Immigration v Guo (1997) 144 ALR 567
Minister for Immigation v Wu Shiang Lang (1996) 185 CLR 259

First Applicant:

Second Applicant:

SZBPB

SZBPC

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File Number: SYG2083 of 2003

Judgment of: Driver FM

Hearing date: 22 March 2005

Delivered at: Griffith

Delivered on: 22 March 2005

REPRESENTATION

The applicants appeared in person

Counsel for the Respondent: Mr A Markus

Solicitors for the Respondent: Australian Government Solicitor

ORDERS

1. The application is dismissed.

2. The applicants are to pay the Minister’s costs and disbursements of and incidental to the application, fixed in the sum of $4,000.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG2083 of 2003

SZBPB

First Applicant

SZBPC

Second Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

(revised from transcript)

1. This is an application to review a decision of the Refugee Review Tribunal (“the RRT”).  The decision was completed on 22 August 2003 and handed down on 18 September 2003.  The RRT affirmed a decision of a delegate of the Minister not to grant the applicants protection visas.  The applicants are from India and have made claims of political and religious persecution.  I adopt as background relevant parts of paragraphs 2-17 of written submissions prepared by Mr Markus on behalf of the Minister:

   The applicants are husband and wife and citizens of India.[1]  The applicants arrived in Australia on 18 September 2002.[2]  On 8 October 2002 the applicants lodged an application for a protection (Class XA) visa.[3]  Only the applicant husband (hereafter “the applicant”) made specific claims under the Refugees Convention, the applicant wife relying on her membership of his family. 

   [1]  court book, page 4

   [2]  court book, page 16

   [3]  court book, pages 1, 54

   The applicant’s claims were detailed in the letter from the applicants’ authorised recipient dated 1 October 2002 that enclosed the protection visa application[4].  

   [4]  court book, pages 1-3

   In summary, the applicant claimed a well founded fear of persecution in India on the basis of his religion (Hindu) and political opinion (having been a candidate for the BJP party in elections held in Gujarat for a local municipal council in 2001).  The leader of the Muslim League Party (“MLP”) was the successful candidate and thereafter the applicant claimed he was targeted by the leader, his followers and Muslim extremists.  The applicant claimed his business was destroyed in early 2002; he complained to the police but they took no action.  He claimed that, in August 2002, he was kidnapped by Muslim extremists, but managed to escape by jumping from a second floor window of the building where he was…