SZESA v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 430

FEDERAL COURT OF AUSTRALIA

SZESA v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 430 MIGRATION – no special or particular principle arising – abuse of process of the appellate procedure Coulton v Holcombe (1986) 162 CLR 1

SZESA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND REFUGEE REVIEW TRIBUNAL

NSD 2391 OF 2005

CONTI J

20 APRIL 2006

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2391 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZESA

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: CONTI J

DATE OF ORDER: 20 APRIL 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant to pay the Minister's costs of the appeal. 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 NSD 2391 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZESA

APPELLANT

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: CONTI J

DATE: 20 APRIL 2006

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an appeal from the judgment of Emmett FM given on 21 November 2005 whereby her Honour dismissed the appellant's application for review of the Refugee Review Tribunal's decision made on 13 October 2004 affirming the decision of the Minister's delegate earlier given on 15 March 2004 not to grant the appellant a protection visa. 2 The appellant, a citizen of Bangladesh, arrived in Australia on 7 November 2003, and on 18 December 2003 made application to the then Department of Immigration and Multicultural and Indigenous Affairs for a protection visa. That application was refused on 18 February 2004. On or about 15 March 2004, the appellant made application for review of the delegate's decision. Ultimately that application was refused by the Tribunal on 13 October 2004. On 15 November 2004, an application for review of the Tribunal's decision was filed in the Federal Magistrates Court, being an application which was followed by an amended application filed on 15 June 2004. 3 The appellant's claims made to the Tribunal included the following: (i) he was born in 1977 and lived in Feni in Bangladesh, where he received a total of 14 years of education; from 2000 to November 2003 he lived in the United Arab Emirates, and claimed to have owned an export-import company from 1998 to 2000, and an electrical and sanitary goods outlet after 2000;