SZQUQ v Minister for Immigration & Anor

The case of SZQUQ v Minister for Immigration & Anor was an application for review of a decision of the Refugee Review Tribunal affirming a decision of a delegate of the Minister for Immigration and Citizenship not to grant the applicant, SZQUQ, a protection visa. The application was made to the Federal Magistrates Court under s. 477(1) of the Migration Act 1958 (Cth), but was filed three months after the 35-day period within which such an application must be made. The applicant sought an extension of time on the basis that he had not had the funds to pay the application fees and now he had the funds to pay them. The Court extended the time for making the application. The Court then considered whether there was a jurisdictional error in the Tribunal’s decision. The applicant submitted that the Tribunal failed to exercise its jurisdiction, made an error of law, and failed to uphold his natural justice. The Court found that the Tribunal had considered the evidence and claims put before it and had given reasons for its findings. The Court found no jurisdictional error. The applicant also submitted that the Tribunal failed to consider his overall credibility and the political situation in Bangladesh. The Court found that the Tribunal’s approach to the evidence was open to it and no jurisdictional error was apparent. The application was dismissed. The applicant was ordered to pay the costs of the Minister in the sum of $5,000.