SZJAW v Minister for Immigration

[2007] FMCA 60

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZJAW v MINISTER FOR IMMIGRATION & ANOR [2007] FMCA 60

MIGRATION – Application to review decision of Refugee Review Tribunal – no jurisdictional error.

Migration Act 1958 (Cth), ss.91R, 424
Federal Magistrates Court Rules

NABE v Minister for Immigration & Multicultural & Indigenous Affairs (No.2) (2004) 144 FCR 1
SZEEUv Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCAFC 2
VAF v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 123

Applicant: SZJAW

First Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Second Respondent: REFUGEE REVIEW TRIBUNAL

File number: SYG1914 of 2006

Judgment of: Barnes FM

Hearing date: 22 January 2007

Delivered at: Sydney

Delivered on: 22 January 2007

REPRESENTATION

Applicant: In Person

Counsel for the Respondent: Mr B O’Donnell

Solicitors for the Respondent: Australian Government Solicitor

ORDERS

1. The application is dismissed.

2. The applicant shall pay the first respondent’s costs fixed in the sum of $5,000.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 1914 of 2006

SZJAW

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This is an application for review of a decision of the Refugee Review Tribunal (the Tribunal) handed down on 22 June 2006 affirming a decision of a delegate of the first respondent not to grant the applicant a protection visa.  The applicant claimed to be a citizen of Pakistan.  He last arrived in Australia (after an earlier visit in 2005) on 28 September 2005.  He applied for a protection visa on 30 December 2005.  The application was refused by a delegate of the first respondent on 3 March 2006.  The applicant sought review by the Tribunal.  He attended a Tribunal hearing.  After the Tribunal affirmed the decision of the delegate the applicant sought judicial review in proceedings commenced in this court on 11 July 2006.

2. The applicant claimed to fear persecution on the basis of his political opinion.  In particular he claimed to fear arrest or death as a result of his membership of and activities with the Pakistan Muslim League- Nawaz (PML-N).  He claimed to have been harassed and detained by security authorities as a result of his party membership and activities. 

3. It is relevant to note that it emerged in the Tribunal hearing that there were some inconsistencies between the claims made by the applicant in connection with his written application for a protection visa and the claims that he made at the Tribunal hearing.  The Tribunal accepted the applicant’s oral evidence that both his protection visa application and his business visa application had been prepared by other people and that he was not fully briefed on the statements made in them.  The Tribunal found, however, that such difficulties as this situation caused for the applicant at hearing:

   “were in no case germane to the grounds upon which he was seeking protection.  I will therefore ignore them and evaluate his claims on their own merits.” 

4. On that basis the Tribunal went on to consider…