SZGPK v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZGPK v MINISTER FOR IMMIGRATION & ANOR [2008] FMCA 1054

MIGRATION – Persecution – review of Refugee Review Tribunal decision – visa – protection visa – refusal – application for leave to reinstate proceedings dismissed for non-appearance by applicant – principles to be applied – no satisfactory explanation for non-appearance – case had no reasonable prospects of success – no need to consider possible prejudice to respondents caused by a reinstatement of the proceedings – application to reinstate refused.

Federal Magistrates Court Rules 2001, rr.13.03A, 13.10

Dowling v John Fairfax Publications Pty Limited [2007] FMCA 2104
Dowling v John Fairfax Publications Pty Limited (No. 3) [2008] FMCA 845

Applicant: SZGPK

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 3572 of 2007

Judgment of: Cameron FM

Hearing date: 18 July 2008

Date of Last Submission: 18 July 2008

Delivered at: Sydney

Delivered on: 18 July 2008

REPRESENTATION

The Applicant appeared in person.

Solicitors for the Respondents: DLA Phillips Fox

ORDERS

1. The applicant’s application in a case dated 9 July 2008 be refused.

2. The applicant pay the first respondent’s costs of and incidental to his application in a case, fixed in the amount of $500.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 3572 of 2007

SZGPK

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

Background

1. The applicant is a Hindu citizen of Bangladesh, where he claims he was an active member of the Awami League. He alleges that while in Bangladesh he helped with elections and that this subsequently led to his persecution. The applicant left Bangladesh and arrived in Australia where he alleges he has been actively participating in programs and activities organised by the Australian Forum for Minorities in Bangladesh.

2. The applicant claims to fear persecution in Bangladesh because of his political activities and his Hindu religion.

3. After his arrival in Australia, the applicant lodged an application for a protection visa. This was refused by the Minister’s delegate on 29 November 2004. The applicant then applied to the Refugee Review Tribunal (“Tribunal”) for a review of that departmental decision.

4. At the outset, it should be noted that the Tribunal decision the subject of these proceedings is the third such decision relating the applicant. The first Tribunal decision was signed on 6 May 2005 and was quashed by order of this Court on 12 October 2006 (Court Book (“CB”) pages 71, 88). The second decision relating the applicant was signed by the Tribunal on 23 February 2007 and was subsequently quashed by order of this Court on 6 August 2007 (CB 110, 126). The applicant was unsuccessful before the Tribunal for a third time by way of its decision signed on 3 October 2007 (CB 181) and has applied to the Court again for judicial review.

Proceedings in this Court

1. The applicant’s hearing was to take place on 19 June 2008 but he failed to appear. The application…