SZDMO v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZDMO v MINISTER FOR IMMIGRATION [2004] FMCA 890

MIGRATION – Review of Refugee Review Tribunal decision – refusal of a protection visa – no jurisdictional error – application dismissed.

Migration Act 1958 (Cth), ss.424A(3), 431
Judiciary Act 1903 (Cth), s.39B

R v Commonwealth Court of Conciliation and Arbitration; Ex parte Ozone Theatres (Aust) Limited (1949) 78 CLR 389

Kamal v Minister for Immigration & Multicultural Affairs [2002] FCA 818

Applicant: SZDMO

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File No: SYG1328 of 2004

Delivered on: 6 December 2004

Delivered at: Sydney

Hearing date: 4 November 2004

Judgment of: Lloyd-Jones FM

REPRESENTATION

The applicant appeared in person with the assistance of a Bengali interpreter.

Counsel for the Respondent: Mr J Smith

Solicitors for the Respondent: Australian Government Solicitor

ORDERS

1. The application is dismissed.

2. The applicant is to pay the Minister’s costs and disbursements of and incidental to the application, fixed in an amount of $4,000.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG1328 of 2004

SZDMO

Applicant

And

MINISTER FOR IMMIGRATION &
MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

The proceedings

1. This is an application for a review of the decision of the Refugee Review Tribunal (“the Tribunal”) handed down on 22 December 1999, affirming a decision of a delegate of the respondent (“the delegate”) made on 13 November 1997 to refuse to grant the applicant a protection visa.

Background

1. The applicant, who claims to be a citizen of Bangladesh, arrived in Australia on 20 September 1997.  On 17 October 1997 he lodged an application for a protection visa with the Department of Immigration & Multicultural & Indigenous Affairs (“the Department”) under the Migration Act 1958 (Cth) (“the Act”).

2. On 13 November 1997 the delegate refused to grant a protection visa and on 9 December 1997 the applicant sought review of that decision.  In his original application to the Department, the applicant claimed that he was born in December 1977.  He was educated from 1984 to 1996 and stated that he worked as a chef from March 1990 to January 1997.  The applicant is a Muslim who has never married and has lived at the one address in the Munshigonj District.  He arrived in Australia on a temporary business visa and a passport that was issued on 30 July 1997 which stated he was a student (Court Book p.73) (“CB”).  The application was submitted by an adviser Md Sirajulh Haque.  With the application was a typed statement in which the applicant claimed (CB pp.26-28):

   a)He came from a politically orientated family and joined the Bangladesh Chaatra Dal, the student wing of the Bangladesh National Party (“BNP”).

   b)In 1985 he became a “very well known and popular leader” and the general secretary of the Chaatra Dal.

   c)In June 1996 elections he worked “door to door” begging votes.  The Awami League won government, though a local Awami League member lost his seat to the BNP.  In revenge the Awami League attacked the applicant’s house, “looted…