Mia, Mayen Uddin v Minister for Immigration & Multicultural Affairs [1998] FCA 1585

FEDERAL COURT OF AUSTRALIA MIGRATION - appeal from Refugee Review Tribunal decision refusing protection visa – whether procedures required by the Migration Act 1958 (Cth) to be observed in connection with the making of the decision were observed Migration Act 1958 (Cth), ss 476(1)(a), 476(2)

MAYEN UDDIN MIA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 604 of 1998

O'CONNOR J SYDNEY 11 DECEMBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 604 of 1998

BETWEEN: MAYEN UDDIN MIA

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: O'CONNOR J

DATE OF ORDER: 11 DECEMBER 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: The application be dismissed with costs. 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 NG 604 of 1998

BETWEEN: MAYEN UDDIN MIA

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: O'CONNOR J

DATE: 11 DECEMBER 1998

PLACE: SYDNEY

REASONS FOR JUDGMENT This is an application for the review of a decision of a member of the Refugee Review Tribunal ("the Tribunal") dated 25 May 1998 affirming the decision of the delegate of the Minister for Immigration and Multicultural Affairs not to grant a protection visa. The basis of this written application (as summarised) is that the applicant is not satisfied with the refusal of his application for a protection visa as he believes that the primary case officer as well as the case officer of the Tribunal failed to properly assess the applicant's situation in Bangladesh including the applicant's attempt to establish his fears of prosecution and possibly facing life imprisonment on return to Bangladesh. He did not, however, refer to the statutory bases for review found in s 476 of the Migration Act 1958 (Cth) ("the Act").