FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZEXR v MINISTER FOR IMMIGRATION & ANOR | [2007] FMCA 1856 |
| MIGRATION – Review of Refugee Review Tribunal decision – refusal of a Protection (Class XA) visa – no reviewable error – application dismissed. |
| The applicant in these proceedings is not to be identified pursuant to s.91X of the Migration Act 1958 (Cth) and has been given the pseudonym “SZEXR”. |
| Migration Act 1958 (Cth), ss.91X, 422B, 424A, 425 |
| Applicant: | SZEXR |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File number: | SYG 2980 of 2006 |
| Judgment of: | Lloyd-Jones FM |
| Hearing date: | 12 September 2007 |
| Delivered at: | Sydney |
| Delivered on: | 7 November 2007 |
REPRESENTATION
| Advocate for the Applicant: | The applicant appeared in person with the assistance of a Bengali interpreter |
| Solicitors for the Respondents: | Ms Z McDonald of DLA Phillips Fox |
ORDERS
The name of the first respondent be amended to read “Minister for Immigration and Citizenship”.
The application filed on 16 October 2006 is dismissed.
The applicant is to pay the first respondent’s costs and disbursements of and incidental to the application.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG2980 of 2006
| SZEXR |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
And
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
The Proceedings
The applicant is a Muslim male of Bangladeshi ethnicity, born in 1970 in the city of Barisal. He moved to South Africa in November 1998 and owned a business in Johannesburg from March 2001 to December 2002. He claims he was married to a Christian woman in 2001 and that his wife remained in South Africa while he moved to Australia in 2003. His parents and three sisters live in Bangladesh.
He claims he was an active member of the Freedom Party and, as a result of his political activities, was harassed by political opponents and falsely charged with murdering a leader of the Awami League in 1998. He claims that he had to escape to South Africa where he applied for refugee status. As a consequence of his marriage to a Christian he was targeted by Muslim fundamentalists in South Africa so he moved to Australia to seek protection.
A delegate of the Minister refused to grant the applicant a protection visa. The applicant sought review of the delegate’s decision by the Refugee Review Tribunal (“the Tribunal”) who upheld the delegate’s decision. This Court dismissed the review application but on appeal to the Federal Court, the matter was remitted…
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- AGLC
- SZEXR v Minister for Immigration [2007] FMCA 1856
- Case
- [2007] FMCA 1856
- Decision Date
CaseChat Overview and Summary
The court found that the Minister's decision was lawful and rationally based on the evidence presented. The court also found that the procedural fairness requirements were met, as the applicant had been given an opportunity to respond to the allegations against him. The court further found that the reasons provided by the Minister were sufficient and did not suffer from any significant error. The court held that the applicant had not established that the decision was flawed on any of the grounds raised in the application. As a result, the application was dismissed and the visa cancellation decision was upheld. The court also ordered that the applicant pay the costs of the proceedings.
Orders
Orders of the court
1.
The name of the first respondent be amended to read “Minister for Immigration and Citizenship”.
2.
The application filed on 16 October 2006 is dismissed.
3.
The applicant is to pay the first respondent’s costs and disbursements of and incidental to the application.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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