NAPU v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1543

FEDERAL COURT OF AUSTRALIA

NAPU v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1543 NAPU V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N588 OF 2003 BENNETT J 19 DECEMBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N588 OF 2003

BETWEEN: NAPU

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: BENNETT J

DATE OF ORDER: 19 DECEMBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application is 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 N588 OF 2003

BETWEEN: NAPU

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: BENNETT J

DATE: 19 DECEMBER 2003

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The applicant is a citizen of Bangladesh who arrived in Australia on 17 October 2000. On 27 November 2000 he lodged an application for a protection (Class XA) visa. On 16 January 2001 a delegate of the respondent ('the Delegate') refused to grant the protection visa and on 13 February 2001 the applicant applied for a review of that decision by the Refugee Review Tribunal ('the Tribunal'). The applicant attended a hearing before the Tribunal on 24 March 2003 and on 31 March 2003 the Tribunal affirmed the decision of the Delegate not to grant a protection visa. This is an application made under s 39B of the Judiciary Act 1903 (Cth) in relation to the Tribunal's decision not to grant the applicant a protection visa.

The applicant's history 2 The applicant gave a history, initially before the Delegate and later before the Tribunal, which can be summarised as follows: · He is a sports journalist by profession. As such, he was able to identify corruption among sports officials and publish his findings in a newspaper. Those findings included the publication of the names of persons involved in corruption, specifically misappropriation of funds. · He has had an active involvement in politics over a substantial period of time, from his time as a student at the University of Dhaka, having been a supporter of the Jatiya Party and Mr Ershad, the President of that party and an ex-President of Bangladesh. He is still of the same political belief. · His active support of the Jatiya Party has resulted in serious detriment to his career, harassment, discrimination, intimidation and physical assault. However, he also told the Tribunal that he left the party in 1994 and, as he told the Tribunal, he had never had problems as a result of that involvement. · The Awami League, in power when he left Bangladesh, do not wish to be criticised and people 'murder, rape and hijack' under protection. He had written an article critical of the Awami League but the applicant had told the Tribunal that he had not experienced any problems because of this. · In October 2000, the applicant published articles alleging: (a) misappropriation of funds by officials of the Bangladesh Football Federation (published 6 October 2000); and (b) corruption within the 'Mohammadan' Sporting Club, targeting its General Secretary who is very influential both socially and politically (published 13 October 2000). · As a result of the publication of these articles ('the articles'), the applicant claimed that he was repeatedly threatened and members of his family were assaulted and his property was damaged by people that were, apparently, either sent by the Mohammadan Sporting Club or were members of a gang attached to the people who had misappropriated funds from the Bangladesh Football Federation. · He believes that 'I have every chance of being persecuted on my return back to Bangladesh because of my professional responsibilities and political belief' and that the influential people about whom he wrote will harm him. · He has been harassed, abused, threatened and physically assaulted. He approached the authorities in vain. The Government has failed to protect him and his peer journalists. · He fears that he will be attacked and killed by agents of the Bangladesh Football Federation or the Mohammedan Sporting Club if he returns to Bangladesh. · He came to Australia on 17 October 2000 to cover the Paralympic Games and did not return to Bangladesh at their conclusion. He lost his job when he did not return. · The situation when he left Bangladesh 'was completely against' him'because of his honesty. · Since leaving Bangladesh: (a) A warrant was issued for his arrest and police searched his home twice and asked questions of his family regarding his whereabouts. (b) Thugs came to his home and damaged some of his assets. His brother tried to file a case against them and was refused. (c) False cases were filed against him for defamation and firearm possession, he has been removed from his job and a warrant has been issued for his arrest. He claims this is because he (a) did not abide by the instructions of influential members of society; and (b) his political beliefs. · Violence in every walk of life in Bangladesh has been increasing day by day with bitter enmity between the political parties.