SZGMD v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZGMD v MINISTER FOR IMMIGRATION & ANOR [2006] FMCA 383

MIGRATION – Review of Refugee Review Tribunal decision – refusal of a protection visa – applicant claiming political persecution in Bangladesh – no reviewable error found – application dismissed.

Migration Act 1958 (Cth), ss.420, 424A

Minister for Immigration v Wu Shan Liang (1996) 185 CLR 259
Re Minister for Immigration; Ex parte Durairajasingham (2000) 168 ALR 407
SZAML v Minister for Immigration [2004] FMCA 267

Applicant: SZGMD

First Respondent:

Second Respondent:

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

REFUGEE REVIEW TRIBUNAL

File Number: SYG1469 of 2005

Judgment of: Driver FM

Hearing date: 20 March 2006

Delivered at: Sydney

Delivered on: 20 March 2006

REPRESENTATION

The Applicant appeared in person

Counsel for the Respondents: Mr A McInerney

Solicitors for the Respondents: Sparke Helmore

ORDERS

1. The application is dismissed.

2. The applicant is to pay the first respondent’s costs and disbursements of and incidental to the application, fixed in the sum of $4,750.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG1469 of 2005

SZGMD

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(revised from transcript)

1. This is an application to review a decision of the Refugee Review Tribunal (“the RRT”).  I will order that the RRT be joined as the second respondent to the application.  The decision was handed down on 12 May 2005.  The RRT affirmed a decision of the delegate of the Minister not to grant the applicant a protection visa.  The applicant is from Bangladesh.  He had made claims of political persecution.  The procedural background is set out in paragraphs 1 to 11 of the Minister's outline of written submissions.  I adopt for the purposes of this judgment as background paragraphs 2 to 11:

   The applicant, a citizen of Bangladesh, arrived in Australia on 4 June 2000.

   On 12 July 2000, he lodged an application for a protection visa with the Department of the first respondent.

   On 30 August 2000, the first respondent refused to grant a protection visa to the applicant.

   On 5 September 2000, the applicant applied to the RRT for review of that decision.

   On 12 November 2002, the RRT affirmed the decision not to grant a protection visa.

   On 14 January 2003, the applicant applied to the High Court seeking a review of the RRT’s decision.

   On 10 April 2003, the applicant filed a notice of discontinuance of that application.

   On 1 May 2003, the applicant applied to the Federal Magistrates Court seeking a review of the RRT’s decision.

   On 14 May 2004, the Federal Magistrate’s Court declared the RRT’s decision invalid and issued a writ of mandamus requiring the RRT to re-determine the matter.

   On 9 May 2005, the RRT [again] affirmed the decision of the delegate not to grant a protection visa to the applicant.

2. The applicant relies upon his judicial review application filed on 6 June 2005.  That is the only document he has filed.  I note from a…