SZHWY v Minister for Immigration

[2006] FMCA 1417

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZHWY v MINISTER FOR IMMIGRATION & ANOR [2006] FMCA 1417

MIGRATION – Visa – protection visa – Refugee Review Tribunal – application for review of RRT decision affirming decision of a delegate of the Minister not to grant a protection visa – applicant is a citizen of Egypt claiming fear of persecution on account of his sexuality and on account of his religious views – credibility – legal professional privilege – procedural fairness – whether the Tribunal failed to comply with Migration Act 1958 (Cth), s.424A – privative clause – no jurisdictional error.

Judiciary Act 1903 (Cth), s.39B
Migration Act 1958 (Cth), ss.91X, 420, 422B, 424A, 474
Evidence Act 1995 (Cth)

Plaintiff S157/2002 v The Commonwealth (2003) 211 CLR 476
Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82
WAAF v Minister for Immigration [2003] FMCA 36
Kioa v West (1985) 159 CLR 550
Applicant VEAL of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] HCA 72
SAAP v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 24
SZEEU v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCAFC 2

Applicant: SZHWY

First Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 3740 of 2005

Judgment of: Scarlett FM

Hearing date: 20 April 2006

Date of Last Submission:	20 April 2006
Delivered at:	Sydney

Delivered on: 27 September 2006

REPRESENTATION

Counsel for the Applicant: Mr Gormly

Counsel for the Respondents: Mr Kennett

Solicitors for the Respondents: Blake Dawson Waldron

ORDERS

1. The title of the First Respondent is changed to Minister for Immigration & Multicultural Affairs.

2. The application is dismissed.

3. The Applicant is to pay the First Respondent’s costs fixed in the sum of $5,500.00 and I will allow (9) nine months to pay.

4. The Applicant is to pay the setting down fee of $345.00 to the Collector of Public Moneys, Federal Magistrates Court of Australia, Level 16, Law Courts Building, Queens Square, NSW, 2000, within twenty-one (21) days.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 3740 of 2005

SZHWY

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

Application

1. This is an application for review of a decision of the Refugee Review Tribunal. The Tribunal made its decision on 21^st November 2005. 
   The Tribunal handed down its decision the next day, 22^nd November. The Tribunal affirmed a decision of a delegate of the Minister for Immigration and Multicultural Affairs not to grant a protection visa to the applicant.

Background

1. The applicant is a citizen of Egypt who arrived in Australia on

   
   

   9^th November 2004. He applied for a protection (class XA) visa on

   
   

   11^th February 2005, and when it was refused he sought a review from the Refugee Review Tribunal.

2. The applicant lodged his application for review at the Registry of the Tribunal on 3^rd August 2005. He nominated a migration adviser to act for him.