NAUE v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 63

FEDERAL COURT OF AUSTRALIA

NAUE v Minister for Immigration & Multicultural & Indigenous Affairs

[2004] FCA 63

NAUE v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

N896 OF 2003

BENNETT J

6 FEBRUARY 2004

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N896 OF 2003

BETWEEN: NAUE

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: BENNETT

DATE OF ORDER: 6 FEBRUARY 2004

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 N896 OF 2003

BETWEEN: NAUE

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: BENNETT

DATE: 6 FEBRUARY 2004

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The applicant is a citizen of Bangladesh. On 4 September 2001 the applicant lodged an application for a protection (class XA) visa. On 14 June 2002 a delegate of the respondent refused to grant a protection visa. The applicant applied to the Refugee Review Tribunal ('the Tribunal') for review on 1 July 2002. The Tribunal held a hearing, attended by the applicant and a migration agent, on 6 May 2003. On 11 June 2003 the Tribunal affirmed the decision of the delegate to refuse the applicant a protection visa. The applicant makes an application to this Court for review of the decision of the Tribunal under s 39B of the Judiciary Act 1903 (Cth).

Summary of the facts as put by the applicant 2 The applicant was born in Bangladesh and claims that his 'political involvement with the Jatiya Party compelled me to leave the country'. He is a seaman and arrived in Australia, on 21 August 2001, by leaving his ship in Fremantle. 3 He says that he completed the Higher School Certificate in 1993 and was elected as joint secretary of the Pabna Sadar Thana Jatiya Party in 1995. This activity, he says, put him into conflict with both the Awami League and the BNP. In 1998 he was elected as an executive member of the Jatiya Party Pabna District Committee. On 11 December 1998, while returning home from a procession in the city, he was attacked with an axe by a group of Awami League activists and his right leg was injured. Subsequently, members of the Awami League became 'more aggressive against me' and he feared for his life. A number of 'false cases' were filed against him. 4 The applicant also relies on the current political situation and uncertainty in Bangladesh.