SZEYN v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZEYN v MINISTER FOR IMMIGRATION & ANOR [2005] FMCA 1360

MIGRATION – Refugee – inconsistencies in claims – relevant country information – credibility – privative clause decision.

Migration Act 1958, ss.424A(1), 424A(3)(b), 474
Federal Magistrates Court Rules 2001, r.21.02(2)(a)

Tin vMinister for Immigration and Multicultural and Indigenous Affairs [2000] FCA 1109
Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82
Durairajasingham vMinister for Immigration and Multicultural and Indigenous Affairs (1999) 168 ALR 407
SAAP vMinister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162
Minister for Immigration and Multicultural and Indigenous Affairsv Al Shamry (2001) 110 FCR 27

Applicant: SZEYN

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS and REFUGEE REVIEW TRIBUNAL

File Number: SYG 2261 of 2004

Judgment of: Nicholls FM

Hearing date: 19 September 2005

Date of Last Submission: 9 September 2005

Delivered at: Sydney

Delivered on: 19 September 2005

REPRESENTATION

Counsel for the Applicant: Nil

Solicitors for the Applicant: Nil

Counsel for the Respondent: Ms. K. Morgan

Solicitors for the Respondent: Sparke Helmore

ORDERS

1. The application is dismissed.

2. The applicant to pay the first respondent’s costs set in the amount of $4700 pursuant to rule 21.02(2)(a) of the Federal Magistrates Court Rules 2001.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 2261 of 2004

SZEYN

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

1^st Respondent

REFUGEE REVIEW TRIBUNAL
2^nd Respondent

REASONS FOR JUDGMENT

1. This is an application filed in this Court on 19 July 2004 seeking judicial review of the decision of the Refugee Review Tribunal (“the Tribunal”) made on 26 May 2004 and handed down on 16 June 2004 to affirm the decision of a delegate of the respondent Minister to refuse a protection visa to the applicant. The Minister is the first respondent and the Tribunal is the second respondent in these proceedings.

2. The applicant is a citizen of Malaysia who arrived in Australia on
   18 September 2003, and on 30 October 2003 lodged an application for a protection visa with the first respondent’s Department. On
   31 October 2003 a delegate of the respondent Minister refused to grant her a protection visa and on 10 November 2003 she applied for review of that decision to the Tribunal. The applicant claims to fear persecution in Malaysia because she fears she would be killed by Hindu and Muslim fanatics as a result of her relationship with a Muslim man. The claims are more specifically set out in the applicant’s application for a protection visa to the respondent's Department (Court Book 1 to CB 27) and a submission to the respondent’s Department dated 30 October 2003 (CB 25 to CB 27). The application to the Tribunal is at CB 40 to CB 44 and the applicant appeared at a hearing before the Tribunal on 16 June 2004. The Tribunal’s account of what occurred is at CB 94.2 to CB 96.2.

3. The applicant’s originating application contains two unparticularised…