SZCJD v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 609

FEDERAL COURT OF AUSTRALIA

SZCJD v Minister for Immigration & Multicultural & Indigenous Affairs

[2006] FCA 609

MIGRATION – appeal from Federal Magistrates Court's dismissal of application for review of Refugee Review Tribunal decision – Bangladeshi national claiming fear of persecution on grounds of political opinion as member of Awami League – alleged Tribunal failed to consider certain matters and made irrational and illogical assumptions – alleged Tribunal failed to comply with s 424A of Migration Act 1958 (Cth) by relying on vagueness in protection visa application concerning appellant's claimed involvement in Awami League Held: (i) Tribunal had considered all claims made by appellant; (ii) Material in protection visa application was not the reason, or part of the reason, for Tribunal affirming the refusal; (iii) In any event, s 424A(3)(b) applied to exclude operation of s 424A(1) because visa application discussed with appellant at Tribunal hearing Migration Act 1958 (Cth) ss 424A, 425 SZCJD v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FMCA 1739 affirmed SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 2 applied Minister for Immigration and Multicultural and Indigenous Affairs v Al Shamry (2001) 110 FCR 27 applied SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162 applied Minister for Immigration and Multicultural and Indigenous Affairs v Lay Lat [2006] FCAFC 61 cited

SZCJD v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

NO. NSD 2512 OF 2005

HEEREY J

24 MAY 2006

MELBOURNE (HEARD IN SYDNEY)

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2512 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

BETWEEN: SZCJD