Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZBJP v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 390
MIGRATION – whether failure to consider relocation issue properly – whether failure to consider applicant's claims – where no review based on merit. Migration Act 1966 (Cth) s 91R Singh v Minister for Immigration & Multicultural Affairs [2000] FCA 1014 referred to SZBJP V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 23 OF 2004 BEAUMONT J 5 APRIL 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 23 OF 2004
BETWEEN: SZBJP
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: BEAUMONT J
DATE OF ORDER: 5 APRIL 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. 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 N 23 of 2004
BETWEEN: SZBJP
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: BEAUMONT J
DATE: 5 APRIL 2004
PLACE: SYDNEY
REASONS FOR JUDGMENT
Beaumont J:
Introduction 1 The appellant, who claims to be a national of Bangladesh, arrived, unlawfully, in Australia about November 2001. Upon detention in May 2003, he lodged an application for a protection visa, claiming that he faced persecution in Bangladesh over his Christian faith, having (allegedly) converted from Islam. The Minister's delegate refused that application. Upon a review application, the Refugee Review Tribunal ('the Tribunal') affirmed the Minister's decision. The appellant then sought judicial review from the Federal Magistrates Court of Australia, which dismissed that application. This is an appeal from that judgment. 2 In order to understand the issues arising in the appeal, it will be necessary to describe the process of reasoning adopted by the Tribunal.
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