SZDRC v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZDRC & ANOR v MINISTER FOR IMMIGRATION [2004] FMCA 1036

MIGRATION – RRT decision – Hindu in India fearing Muslim extremists – did not attend Tribunal hearing – no error identified.

Migration Act1958 (Cth), s.483A, Part 8

Muin v Refugee Review Tribunal; Lie v Refugee Review Tribunal [2002] HCA 30
Plaintiff S157/2002 v Commonwealth of Australia (2002) 211 CLR 476

Applicants: SZDRC & ANOR

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File No: SYG 1570 of 2004

Delivered on: 22 December 2004

Delivered at: Sydney

Hearing date: 22 December 2004

Judgment of: Smith FM

REPRESENTATION

Counsel for the Applicants: Applicants in person

Counsel for the Respondent: Mr D Jordan

Solicitors for the Respondent: Australian Government Solicitor

ORDERS

1. Application dismissed.

2. The applicants to pay the respondent's costs in the sum of $4000.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 1570 of 2004

SZDRC & SZDRD

Applicants

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

(revised from transcript)

1. This is an application under s.483A of the Migration Act 1958 (Cth) challenging a decision of the Refugee Review Tribunal dated 8 April 2004 and handed down on 4 May 2004. The Tribunal affirmed a decision of the delegate refusing an application for protection visas made by the two applicants, a husband and wife.

2. Under s.483A the Court has the same jurisdiction as the Federal Court, which is its judicial review jurisdiction subject to limitations under Part 8 of the Migration Act. As interpreted by High Court in Plaintiff S157/2002 v Commonwealth of Australia (2002) 211 CLR 476 and subsequent cases, the Court's powers are limited to providing relief only when jurisdictional error can be found in the proceedings or reasoning of the Tribunal.

3. In the present case the applicants arrived in Australia on 18 September 2003 on a short-term visitor's visa.  They applied for the protection visa on 1 October 2003.  In a narrative attached to their visa application the male applicant indicated that he was a person of Hindu religion living in the Indian State of Gujarat.  He indicated that he moved to the city of Ahmedabad and started a business in an electronics and electrical shop in 1981.  Around the same time he joined the political party BJP and started taking part in its activities.  He said that things were going normal up to the period of year 2002.  He said his shop was located in an area which was basically dominated by the Muslim community. 

4. He referred to an episode in February 2002 at a station in Gujarat where a passenger train was set afire by Muslim extremists.  He referred to subsequent major Hindu/Muslim riots and said that in March 2002 he was attacked and severely beaten by Muslim extremists and his shop was looted and burned down.  He said a further attack occurred in his home in May 2003.  He said he reported both of these matters to the police but they failed to find…