SZDTA v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZDTA v MINISTER FOR IMMIGRATION [2005] FMCA 417

MIGRATION – Review of Refugee Review Tribunal decision – citizen of Thailand – threats from husband’s business partner – unreasonableness – relevant considerations – constructive failure to exercise jurisdiction – procedural fairness – bias – no legal error – privative clause decision – application dismissed.

Migration Act 1958 (Cth)

Abebe v Commonwealth (1999) 197 CLR 510
Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259

NAAH v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 354

Ratumaiwai v Minister for Immigration & Multicultural Affairs [2002] FCA 311
Sun Zhan Qui v Minister for Immigration & Ethnic Affairs (1997) 81 FCR 71

PlaintiffS157/2002 v Commonwealth of Australia (2003) 211 CLR 476

Waterford v Commonwealth (1987) 163 CLR 54

Applicant: SZDTA

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File No: SYG1707 of 2004

Delivered on: 23 February 2005

Delivered at: Sydney

Hearing date: 23 February 2005

Judgment of: Mowbray FM

REPRESENTATION

Advocate for the Applicant: In person

Counsel for the Respondent: Mr T. Reilly

Solicitors for the Respondent: Blake Dawson Waldron

ORDERS

1. The application be dismissed.

2. The applicant 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

SYG1707 of 2004

SZDTA

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

1. This is an ex tempore judgment which has been revised and edited from the transcript.  It relates to a decision of the Refugee Review Tribunal (the Tribunal) made on 16 April 2004 and handed down on

   
   

   13 May 2004, affirming the decision of the Minister’s delegate.    

Background

1. The applicant is a citizen of Thailand who arrived in Australia on

   
   

   3 January 2004 on a visitor visa.  She lodged a protection visa application on 22 January 2004.  On 27 January 2004 a delegate of the Minister refused the application.  Consequently the applicant lodged an appeal to the Tribunal on 26 February 2004.  By a letter dated

   
   

   18 March 2004 she was invited to attend a hearing at the Tribunal on 22 April 2004.  She expressly declined to attend the hearing in a response dated 9 April 2004 and received by the Tribunal on 15 April 2004.  On 16 April 2004 the Tribunal affirmed the decision of the Minister’s delegate refusing to grant a protection visa.  That decision was handed down on 13 May 2004.

Claims before the Department and the Tribunal

1. The applicant claims she met her husband while they were at university.  They married in 1993, which would have been when she was about 14 years old.  In 1997 they started a trading business which was lucrative and had a high turnover.  She claims that they met a prominent businessman named Kai who became a partner in the business and business trebled.  However, she was slowly being pushed out of the running of the business. Her husband became…