SZFDL v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZFDL v MINISTER FOR IMMIGRATION [2005] FMCA 899

MIGRATION – Visa – protection visa – Refugee Review Tribunal – application for review of RRT decision affirming a decision by a delegate of the Minister to refuse a protection visa to the applicant – applicant a citizen of Mongolia – where applicant claimed that the Tribunal failed to consider important parts of the applicant’s case – no reviewable error.

Judiciary Act 1903 (Cth) s. 39B
Migration Act 1958 (Cth) s. 475A

Applicant: SZFDL

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File No: SYG 3505 of 2004

Delivered on: 23 June 2005

Delivered at: Sydney

Hearing date: 23 June 2005

Judgment of: Scarlett FM

REPRESENTATION

Applicant: In Person

Solicitor for the Respondent: Ms Burnett

Solicitors for the Respondent: Clayton Utz

ORDERS

1. The Application is dismissed.

2. The Applicant is to pay the Respondent’s costs fixed in the sum of $4,000.00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 3505 of 2004

SZFDL

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

1. This is an application for review of a decision made by the Refugee Review Tribunal.  The Tribunal conducted a hearing on 29 September 2004.  The Tribunal made its decision on 30 September and handed the decision down on 26 October 2004. The Tribunal affirmed the decision of a delegate of the Minister not to grant a protection visa to the Applicant. 

2. The applicant is a citizen of Mongolia. He arrived in Australia on

   
   

   21 February 2004. On 2 April 2004 he lodged an application for a protection (class XA) visa. On 16 April 2004 a delegate of the Minister refused his application for a visa.  On 25 May the Applicant applied to the Refugee Review Tribunal for a review of that decision. 

3. The Tribunal invited the Applicant to attend a hearing on 29 September 2004.  The services of a Mongolian interpreter were made available by video link up.  The Applicant gave oral evidence and the Tribunal says in its decision that the Applicant was asked some questions. The Applicant said that he was not asked any questions. The decision was made the next day and handed down on 26 October. 

4. The Applicant said that he was 24 years of age and not married.

   
   

   He was a mechanical engineer by occupation. When he applied for a protection visa he made a statement saying that he had left Mongolia fearing persecution for reason of his political opinion.  He said that he became a member of the New Leaders Club in 1996 and that this club had been established by young people interested in economic and political progress in his country. He made it clear that the New Leaders Club was not an anti-government organisation.  He said his view was that they should support peaceful change of Parliament in the forthcoming election in June 2004.  The applicant said that he had taken part in some activities and started to agitate against the Mongolian…