SZIGA v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZIGA v MINISTER FOR IMMIGRATION & ANOR [2006] FMCA 1641

MIGRATION – Review of Refugee Review Tribunal decision – refusal of a Protection (Class XA) visa – no reviewable error – application dismissed.

Judiciary Act 1903 (Cth), s.39B
Migration Act 1958 (Cth), ss.91X, 422B, 476

Yo Han Chung v University of Sydney & Ors [2002] FCA 186
Kopalapilliai v Minister for Immigration (1998) 86 FCR 547
Minister for Immigration; Ex parte Durairajasingham (1999) 168 ALR 407
Minister for Immigration v Guo & Anor (1997) 191 CLR 595

Applicant: SZIGA

First Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG325 of 2006

Judgment of: Lloyd-Jones FM

Hearing date: 3 November 2006

Delivered at: Sydney

Delivered on: 5 December 2006

REPRESENTATION

Advocate for the Applicant: The applicant appeared in person with the assistance of a Tamil interpreter

Advocate for the Respondents: Ms T Quinn

Solicitors for the Respondents: Phillips Fox

ORDERS

1. The application filed on 2 February 2006 is dismissed.

2. The applicant is to pay the first respondent’s costs and disbursements of and incidental to the application.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG325 of 2006

SZIGA

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

The Proceedings

1. These proceedings were commenced by an application under s.39B of the Judiciary Act 1903 (Cth) invoking s.476 of the Migration Act 1958 (Cth) (“the Act”) filed in the Sydney Registry of the Federal Magistrates Court of Australia on 2 February 2006 for judicial review of a decision of the Refugee Review Tribunal (“the Tribunal”).

   
   

   The Tribunal decision was made on 21 December 2005 and handed down on 17 January 2006, affirming a decision of the delegate of the first respondent made on 10 October 2005, refusing to grant the applicant a Protection (Class XA) visa.  The applicant seeks relief in the form of constitutional writs against the decision of the Tribunal.

2. The applicant in these proceedings is not to be identified pursuant to s.91X of the Act and has been given the pseudonym “SZIGA”.

Background

1. The Tribunal decision of Ms Mila Males, reference N05/52547, provides the following background information. The applicant, who claims to be a citizen of India, arrived in Australia on 29 July 2005. On 17 August 2005, he lodged an application for a Protection (class XA) visa with the Department of Immigration under the Act.

   
   

   On 10 October 2005, a delegate of the Minister refused to grant a protection visa and on 25 October 2005, the applicant applied to the Tribunal for review of the delegate’s decision.(Court Book (“CB”) 80)

2. The applicant’s original visa application indicates that he is a 48 year old Tamil-speaking Muslim from Tamil Nadu in India.  He completed 15 years of education in 1979 and has a Bachelor of Commerce degree and other qualifications.  He worked as a manager of the Emirates Plaza Hotel in the UAE from March 1991 to March 2005.(CB 82) 

Applicant’s claims