SZFEN v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZFEN v MINISTER FOR IMMIGRATION [2005] FMCA 1242

MIGRATION – Application to review decision of Refugee Review Tribunal – whether Tribunal erred in not allowing applicant time sought to provide supporting documentation. 

Migration Act 1958, ss.422B, 424A, 425

Minister for Immigration & Multicultural & Indigenous Affairs v NAMW (2004) FCAFC 264
QAAC of 2004v Refugee Review Tribunal [2005] FCAFC 92
SMBQ v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1033
NAHI v Minister forImmigration & Multicultural & Indigenous Affairs [2004] FCAFC 10
VCAK of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 459
WAGJ v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 277
W389/01A v Minister for Immigration & Multicultural Affairs [2002] FCAFC 432
NAYU v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 528

Applicant: SZFEN

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File Number: SYG3566 of 2004

Judgment of: Barnes FM

Hearing date: 22 August 2005

Delivered at: Sydney

Delivered on: 22 August 2005

REPRESENTATION

Applicant: In Person

Counsel for the Respondent: Mr J Potts

Solicitors for the Respondent: Australian Government Solicitor

ORDERS

1. That the Refugee Tribunal be joined as second respondent to these proceedings. 

2. That the application is dismissed. 

3. That the applicant pay the respondent's costs fixed in the amount of $5,500.  

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG3566 of 2004

SZFEN

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

(Revised from transcript)

1. This is an application for review of a decision of the Refugee Review Tribunal (the Tribunal) made on 26 October 2004 and handed down on 12 November 2004 affirming a decision of a delegate of the respondent not to grant the applicant a protection visa.  The applicant is a citizen of India who arrived in Australia on 14 October 2003.  On 13 January 2004 he applied for a protection visa.  In his protection visa application he indicated that his reasons for seeking protection were a combination of having lived in Saudi Arabia and been able to compare living there with living in India.  He had worked in Saudi Arabia, essentially from September 1993 until October 2003, but had returned to India from February 2003 until June 2003.  During that time he had taken a more active interest in politics and had joined the local group of Shiromani Akali Dali (SAD) as joint secretary of the Thana group.  He claimed that the leader of his party (Mr Badal) had been gaoled for corruption as had other members of the party and that his wife had told him that police had come to his home looking for him. 

2. The Department wrote to the applicant on 19 January 2004 acknowledging receipt of the application and advising that if he had any more information relevant to this application, he could give it to the Department any time before the decision was made but that the decision would not necessarily…