SZLMT v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZLMT v MINISTER FOR IMMIGRATION & ANOR [2008] FMCA 572

MIGRATION – Review of decision of Refugee Review Tribunal – Tribunal accepted the applicant’s claims without any supporting evidence – Tribunal found there was no Convention nexus – no denial of procedural fairness – no failure pursuant to s.424A of the Act – no failure to consider applicant’s claims – no jurisdictional error – application dismissed.

Migration Act 1958 (Cth), ss.424, 424A, Division 4 of Part 7, 65, 36(2), 91R, 91S

Minister for Immigration and Multicultural Affairs v Lay Lat (2006) 151 FCR 214; [2006] FCAFC 61
SZCIJ v Minister for Immigration and Multicultural Affairs [2006] FCAFC 62
SZFDE v Minister for Immigration and Citizenship (2007) 237 ALR 64; [2007] HCA 35
Minister for Immigration and Multicultural Affairs v Respondent S152 of 2003 (2004) 222 CLR 1; [2004] HCA 18
MZRAJ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1261

Applicant: SZLMT

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 3214 of 2007

Judgment of: Nicholls FM

Hearing date: 5 May 2008

Date of Last Submission: 5 May 2008

Delivered at: Sydney

Delivered on: 5 May 2008

REPRESENTATION

Counsel for the Applicant: Nil

Solicitors for the Applicant: Nil

Appearance for the Respondents: Ms B Anniwell

Solicitors for the Respondents: Australian Government Solicitor

ORDERS

1. The application made on 16 October 2007, and amended on 3 March 2008, is dismissed.

2. The applicant pay the first respondent’s costs set in the amount of $2,700.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 3214 of 2007

SZLMT

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(Ex tempore; Revised from Transcript)

1. I have before me today an application originally made on 16 October 2007 and amended on 3 March 2008 under the Migration Act seeking review of the decision of the Refugee Review Tribunal made on 30 August 2007, and handed down on 20 September 2007, which affirmed the decision of a delegate of the respondent Minister to refuse a protection visa to the applicant. 

2. The first respondent, in compliance with orders made by this Court, has put before the Court a bundle of relevant documents which I will refer to as the Court Book (“CB”).  The following information may be discerned from this material.

3. The applicant is a citizen of India.  He arrived in Australia in April of 2007 and applied for a protection visa.  The application with annexures is reproduced at CB 1 to CB 30.  I note that in May of 2007 a delegate of the respondent Minister refused to grant a protection visa to the applicant.  The applicant applied for review of that decision with the Tribunal and a copy of that application begins at CB 43 of the Court Book.  I note that the applicant did not put any further material before the Tribunal.  On 1 August 2007, the Tribunal wrote to the…