Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZFRV v Minister for Immigration and Multicultural Affairs [2006] FCA 928
SZFRV v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS and REFUGEE REVIEW TRIBUNAL NSD 1925 of 2005 COWDROY J 21 JULY 2006 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1925 of 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZFRV
Appellant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J
DATE OF ORDER: 21 JULY 2006
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 NSD 1925 of 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZFRV
Appellant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J
DATE: 21 JULY 2006
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The appellant appeals to this Court from the decision of Smith FM delivered on 30 September 2005, which dismissed a challenge by the appellant to a decision of the Refugee Review Tribunal that he was not entitled to a protection visa.
Background 2 The appellant arrived in Australia on 28 April 2004 and made application for a protection visa on 17 May 2004. In that application he stated that he was born in Bangladesh on 6 August 1966 and gave his occupation before coming to Australia as 'chef'. 3 The appellant claimed that he had become involved in politics at an early age as a worker in the Jubo League, a wing of the Awami League. He stated that as 'a promising Jubo Leaguer leader' he had a close association with Awami League leaders especially Rezaul Karim Hira (a Member of Parliament) and Mirza Azam, the central leader of the Bangladesh Jubo League. The appellant claimed that he regularly organised various political meetings and processions against the BNP (the opposing political party) and was also assigned to organise meetings, demonstrations, rallies and processions. 4 The appellant claimed that because of his involvement with the Jubo League, the BNP and associated groups became hostile to him and that he was kidnapped and tortured. After the BNP came to power, its supporters tried to destroy his political career and had false charges brought against him. He said that supporters of the BNP had killed many Awami League supporters and he is scared that they will harass or kill him if he returns to Bangladesh. 5 On 13 August 2004 a delegate of the first respondent refused to grant a protection visa. On 27 August 2004 the appellant lodged an application for review of that decision with the Tribunal.
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