SZMDV v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZMDV v MINISTER FOR IMMIGRATION & ANOR [2009] FMCA 6

MIGRATION – Review of Refugee Review Tribunal decision – refusal of a protection visa – applicant claiming political persecution in Georgia – Tribunal making enquiries under s.424 – whether the Tribunal breached that section by directing its request through a third party who made oral enquiries considered – whether the Tribunal breached s.424A by failing to disclose the contents of an email from the third party considered – whether the Tribunal took into account the contents of the email considered.

Migration Act 1958 (Cth), ss.424, 424A, 424B

SXRB v Minister for Immigration [2006] FCAFC 14
SZBQS v Minister for Immigration [2008] FMCA 812
SZBYR v Minister for Immigration (2007) 235 ALR 609
SZKCQ v Minister for Immigration [2008] FCAFC 119; (2008) 170 FCR 236
SZKTI v Minister for Immigration [2008] FCAFC 83; 168 FCR 256

Applicant: SZMDV

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 954 of 2008

Judgment of: Driver FM

Hearing date: 9 December 2008

Delivered at: Sydney

Delivered on: 12 February 2009

REPRESENTATION

Counsel for the Applicant: Mr D Jenkins

Solicitors for the Applicant: Fragomen

Counsel for the Respondents: Mr T Reilly

Solicitors for the Respondents: Sparke Helmore

ORDERS

1. The application is dismissed.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 954 of 2008

SZMDV

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

Introduction and background

1. This is an application to review a decision of the Refugee Review Tribunal (“the Tribunal”). The decision was handed down on 27 March 2008. The Tribunal affirmed a decision of a delegate of the Minister not to grant the applicant a protection visa. The applicant is from Georgia and had made claims of political persecution. The following statement of background facts is derived from the applicant’s initial written submissions filed on 26 November 2008 and the Minister’s initial written submissions filed on 28 November 2008.

2. The applicant most recently arrived in Australia on 6 September 2006: court book (“CB”) 32.5, and applied for the visa on 10 October 2006: CB 1-29. The delegate refused the visa on 5 January 2007: CB 30-40. The applicant applied to the Tribunal for review on 25 January 2007: CB 41-45. The Tribunal held hearings on 29 March 2007: CB 58-59, and 19 June 2007: CB 78-79. Later the Tribunal was reconstituted and held a hearing on 14 August 2007: CB 106-107, and on 4 September 2007 wrote to the applicant pursuant to s.424A of the Migration Act 1958 (“the Migration Act”): CB 120-121. The Tribunal wrote to the applicant pursuant to s.424 on 22 January 2008: CB 131-144, and on 14 February 2008 again wrote to the applicant pursuant to s.424A: CB 155-227.

3. The applicant claimed to fear persecution in Georgia for reason of his political opinion. He claimed to be the godson of Maia (Maya) Topuria, and to have become…