Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NAFH v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 202 NAFH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 2503 OF 2003 TAMBERLIN J SYDNEY 5 MARCH 2004
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N2503 OF 2003
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT
BETWEEN: NAFH
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: TAMBERLIN J
DATE OF ORDER: 5 MARCH 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: The appeal 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 N2503 OF 2003
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT
BETWEEN: NAFH
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: TAMBERLIN J
DATE: 5 MARCH 2004
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal from a decision of Federal Magistrate Barnes given on 5 December 2003 dismissing an application for review of a decision of the Refugee Review Tribunal ("the Tribunal") handed down on 11 November 2002, which affirmed a decision by a delegate of the Minister refusing to grant the appellant a protection visa.
BACKGROUND FACTS 2 The appellant arrived in Australia on 30 July 1998, and applied for a protection visa on 4 April 2000. In his application, he claimed that he was born in Bangladesh, that he was a Bengali, and that he had participated in a student movement, attending demonstrations and campaigning in elections in which the Bangladesh Nationalist Party ("the BNP") won the majority and formed a government. He claimed that he had friends murdered by the Awami League and that he was targeted by Awami League workers, who attempted to kill him on several occasions. 3 In later written submissions dated 3 September 2002, and at the Tribunal hearing, the appellant claimed that he was born in Burma as a descendant of the Rohingyas and moved to Bangladesh at a young age. He claimed that he had been charged under the Bangladeshi Criminal Procedure Code in 1998, and that he had taken an active role in demonstrations against the treatment of the Rohingyas.
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