SZCAJ v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZCAJ & ANOR v MINISTER FOR IMMIGRATION [2005] FMCA 88

MIGRATION – Review of Refugee Review Tribunal decision – refusal of a protection visa – applicants claiming political persecution in Mongolia – no reviewable error found – application dismissed.

Abebe v The Commonwealth (1999) 197 CLR 510
Minister for Immigration v Guo Wei Rong (1997) 191 CLR 559
NAVX v Minister for Immigration [2004] FCA 346
SJSB v Minister for Immigration [2004] FCAFC 225
SZAKV v Minister for Immigration [2004] FMCA 222
SZAKV v Minister for Immigration [2004] FCA 1160

First Applicant:

Second Applicant:

SZCAJ

SZCAK

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File No: SYG2590 of 2003

Delivered on: 4 February 2005

Delivered at: Sydney

Hearing date: 4 February 2005

Judgment of: Driver FM

REPRESENTATION

The applicants appeared in person

Solicitors for the Respondent: Ms K Crawley
Clayton Utz

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 $3,000.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG2590 of 2003

SZCAJ

First Applicant

SZCAK

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 made on 14 October 2003 and was handed down on 6 November 2003.  The RRT affirmed a decision of a delegate of the Minister not to grant the applicant and his wife protection visas.  The two applicants are from Mongolia and had made claims of political persecution.  I adopt as background paragraph 1, second occurring through to paragraph 6.5 of written submissions prepared on behalf of the Minister by Ms Markovic:

   The applicants are a husband and wife. The applicant wife made no claims for protection independent of those of the applicant husband.

   On 20 November 2002, the applicants, citizens of Mongolia, arrived in Australia.[1] On 17 December 2002, the applicants applied for protection visas[2]. On 20 May 2003, a delegate of the Minister refused the applications. [3] On 20 June 2003, the applicants applied to the RRT for review of the delegate's decision.[4]

   [1] court book, pages 14 &53.

   [2] court book, pages 1- 62.

   [3] court book, pages 66 - 76

   [4] court book, pages 77 - 80.

   The applicants were invited to attend a hearing before the RRT on 14 October 2003 by letter dated 4 September 2003.[5] That letter was sent to the applicants and their authorised recipient and stated that the RRT had considered the material before it in relation to the applicants' application but was "unable to make a decision in your favour on this information alone".

   [5] court book, pages 83 - 84.

   On 8 October 2003, the applicants, through their authorised recipient, refused the RRT's invitation to attend a hearing and faxed a "Response to Hearing Invitation" form to the RRT indicating they did not wish to attend…