SZBGC v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1168

FEDERAL COURT OF AUSTRALIA

SZBGC v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1168

MIGRATION – appeal from Federal Magistrates Court decision dismissing application to Refugee Review Tribunal for review of a decision of the Minister not to grant a protection visa – whether there was constructive failure to exercise jurisdiction by the Tribunal not distinguishing between participation in peaceful street processions and violent demonstrations – whether Tribunal asked itself the wrong question in determining whether the appellant could avoid harm by relocating within Bangladesh and failed to consider the practicalities and reasonableness of relocation.

Judiciary Act 1903 (Cth), s39B Migration Act 1958 (Cth), s 424A NAIZ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 37 – referred to Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 – referred to SZBEU v MIMIA [2005] FMCA 642 – referred to SZBGC v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS & ANOR NSD 475 OF 2005 EMMETT J 20 SEPTEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 475 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: SZBGC

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL SECOND RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 20 SEPTEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The Refugee Review Tribunal be joined as the second respondent. 2. The appeal be dismissed. 3. The appellant pay the first respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.