SZCKZ v Minister for Immigration

[2007] FMCA 3

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZCKZ v MINISTER FOR IMMIGRATION & ANOR [2007] FMCA 3

MIGRATION – Review of Refugee Review Tribunal decision – refusal of a protection visa – applicant claiming political persecution in Bangladesh – whether the Tribunal breached s.424A of the Migration Act 1958 (Cth), overlooked relevant material or otherwise fell into jurisdictional error considered.

Federal Magistrates Court Rules 2001 (Cth)
Migration Act 1958 (Cth), ss.414, 422, 424A

Fernando v Minister for Immigration (2000) 97 FCR 407
Minister for Immigration v Bhardwaj (2002) 209 CLR 597
Minister for Immigration v Yusuf (2001) 206 CLR 323
Re Minister for Immigration; ex parte S20 of 2002 (2003) 198 ALR 59
SZBQS v Minister for Immigration [2005] FMCA 1066
SZDMO v Minister for Immigration [2006] FCA 989
SZEPZ v Minister for Immigration [2005] FMCA 1614
SZGNY v Minister for Immigration [2006] FMCA 1142
SZHUI v Minister for Immigration & Anor [2006] FMCA 1042
VEAN of 2002 v Minister for Immigration (2003) 133 FCR 570
WAIJ v Minister for Immigration (2004) 80 ALD 568

Applicant: SZCKZ

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 179 of 2006

Judgment of: Driver FM

Hearing date: 26 October 2006

Delivered at: Sydney

Delivered on: 22 February 2007

REPRESENTATION

Counsel for the Applicant: Mr K Oliver

Counsel for the Respondents: Mr G Kennett

Solicitors for the Respondents: Blake Dawson Waldron

ORDERS

1. The Court directs that the name of the first respondent be amended to the “Minister for Immigration and Citizenship”.

2. The application is dismissed.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 179 of 2006

SZCKZ

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

Introduction and background

1. This is an application to review a decision of the Refugee Review Tribunal (“the Tribunal”) handed down on 22 December 2005. The Tribunal affirmed a decision of the delegate of the Minister not to grant the applicant a protection visa. The applicant is from Bangladesh and had made claims of political persecution. He arrived in Australia on 4 October 2001. On 2 November 2001 he lodged an application for a protection visa with the Minister’s Department. On 2 October 2002 a delegate of the Minister refused that application and on 28 October 2002 the applicant applied for review of that decision. On 17 November 2003 a differently constituted Tribunal affirmed that decision.  On 12 January 2004 the applicant sought judicial review of that decision in this Court. Consent orders were made on 22 September 2005 remitting the review application to the Tribunal for redetermination and setting aside the decision of the first Tribunal.

2. The applicant attended a hearing before the second Tribunal on 30 November 2005. He gave oral evidence about his protection visa claims. He also sought the opportunity to submit more documents. Prior to that hearing, on 25 November 2005 the Tribunal received a submission from the applicant’s adviser which attached a number of documents. These included what the presiding…