SZBUS v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZBUS & ANOR v MINISTER FOR IMMIGRATION [2005] FMCA 367

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

Minister for Immigration v Guo (1997) 144 ALR 567
Minister for Immigration v Wu Shiang Lang (1996) 185 CLR 259
Randhawa v MILGEA (1994) 52 FCR 437
Re Minister for Immigration; Ex parte Durairajasingham (1999) 168 ALR 407
Selvadurai v Minister for Immigration (1994) 34 ALD 347

First Applicant: SZBUS & SZBUT

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File Number: SYG2341 of 2003

Judgment of: Driver FM

Hearing date: 21 March 2005

Delivered at: Griffith

Delivered on: 21 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 respondent’s costs and disbursements of and incidental to the application, fixed in the sum of $4,000.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG2341 of 2003

SZBUS

First Applicant

SZBUT

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”) made on 10 September 2003 and handed down on 7 October 2003.  The RRT affirmed a decision of a delegate of the Minister not to grant the first applicant and his wife protection visas.  The applicants are from Gujurat State in India.  They have made claims of religious and political persecution.  Relevant claims were made by the first applicant, the applicant husband.  Background facts are set out in written submissions prepared on behalf of the Minister by Mr Markus.  I adopt as background relevant parts of paragraphs 2-15 of those written submissions:

   The applicants are husband and wife and citizens of India[1].  The applicants arrived in Australia on 29 October 2002[2].  On 5 November 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, pages 1, 13, 25

   [2]  court book, page 14

   [3]  court book, pages 1, 69.2

   The applicant’s claims were detailed in an undated statutory declaration by the applicant attached to the protection visa application[4] and in the application for review to the RRT[5].

   [4]  court book, page 29

   [5]  court book, page 52

   In summary, the applicant claimed a well founded fear of persecution in India on the bases of his religion (Hindu) and political opinion.  In particular, he claimed as follows:

   ·after communal riots in Gujarat in early 2002, Muslim fanatics targeted and threatened to kill him because he was an active member of Viswa Hindu Parishad (“VHP”), a Hindu organisation;

   ·also, the police accused…