SZJJT v Minister for Immigration and Citizenship

[2007] FCA 968

FEDERAL COURT OF AUSTRALIA

SZJJT v Minister for Immigration & Citizenship [2007] FCA 968

SZJJT v MINISTER FOR IMMIGRATION & CITIZENSHIP AND ANOR

NSD9 OF 2007

EMMETT J
4 MAY 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD9 OF 2007

BETWEEN:

SZJJT
Applicant

AND:

MINISTER FOR IMMIGRATION & CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	EMMETT J
DATE OF ORDER:	4 MAY 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The name of the First Respondent be changed to Minister for Immigration and Citizenship.

2.The application for leave to appeal be dismissed.

3.The Applicant pay the First Respondent’s costs in the sum of $1200.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD9 OF 2007

BETWEEN:

SZJJT
Applicant

AND:

MINISTER FOR IMMIGRATION & CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	EMMETT J
DATE:	4 MAY 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. I have before me an application for leave to appeal from orders of the Federal Magistrates Court dismissing a proceeding on the basis that no arguable case was demonstrated on the papers.  The applicant is a citizen of Pakistan.  He arrived in Australia in January 2006 as a visitor.  He applied for a Protection (Class XA) visa on 9 March 2006.  That application was refused and the applicant sought review of a decision of the Minister for Immigration and Citizenship (the Minister) by the Refugee Review Tribunal (the Tribunal).  On 15 August 2006, the Tribunal affirmed the decision not to grant the applicant a protection visa.  The applicant then commenced a proceeding in the Federal Magistrates Court seeking judicial review of the Tribunal’s decision. 

2. The primary judge was not satisfied that the application to the Federal Magistrates Court raised an arguable case for any relief, and therefore dismissed it on a summary basis.  The reasons of the Tribunal indicate that the applicant’s claims involved an allegation of persecution because of his involvement in the Pakistan Muslim League, Nawaz.  The Tribunal characterised the applicant’s claims as vague and lacking in detail.  The applicant was invited to come to a hearing of the Tribunal to give oral evidence and present arguments in support of his claims, but did not attend the scheduled hearing.  The Tribunal was unable to be satisfied, on the evidence before it, that the applicant, or other members of his family, as he claimed, were involved in that party, or that he was persecuted, or that there was any likelihood of his being persecuted if he returned to Pakistan. 

3. The grounds of the application to the Federal Magistrates Court did not indicate any basis for judicial review, as the Federal Magistrates Court found.  When the application for leave to appeal was called on today, there was no appearance for the applicant.  That is not surprising; there is evidence before me that the applicant left Australia on 23 April 2007.  In those circumstances, the Minister asks that the application be dismissed.  It is clear that there is no substance in the application for leave, and that leave would be refused on the basis of the material presently before me.  In all of the circumstances, it is appropriate to accede to the Minister’s application that the proceeding be dismissed with costs. 

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett.

Associate:

Dated:       29 June 2007

The Applicant: did not appear.
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	4 May 2007
Date of Judgment:	4 May 2007