NBJA v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 1245

FEDERAL COURT OF AUSTRALIA

NBJA v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 1245

NBJA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and REFUGEE REVIEW TRIBUNAL NSD 2536 OF 2005

EDMONDS J

19 SEPTEMBER 2006

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2536 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: NBJA

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: EDMONDS J DATE OF ORDER: 19 SEPTEMBER 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the first respondent's 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 2536 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: NBJA

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: EDMONDS J

DATE: 19 SEPTEMBER 2006

PLACE: SYDNEY

REASONS FOR JUDGMENT

Introduction 1 This is an appeal from the Federal Magistrates Court (Emmett FM) delivered on 6 December 2005, dismissing an application for review of a decision of the second respondent ('the Tribunal') made on 12 August 2004 affirming a decision of a delegate of the first respondent ('the Minister') to refuse the appellant a protection (Class XA) visa.

Background 2 The appellant, a citizen of Bangladesh, sought a protection visa on the ground that he had a well founded fear of persecution, on political grounds by the Bangladesh Nationalist Party ('BNP') and Jamaat-e-Islami ('JI') by reason of his membership of the Awami League, and on religious grounds. 3 A chronology of relevant events is set out below: 7 Oct 2003 The appellant entered Australia. 30 Oct 2003 The appellant lodged an application for a protection (Class XA) visa. 1 Apr 2004 The application for a protection visa was refused by the Minister's delegate. 27 Apr 2004 The application for review by the Tribunal was lodged. 12 Aug 2004 The Tribunal affirmed the refusal decision. 2 Sept 2004 The Tribunal handed down its decision. 20 Sept 2004 The appellant lodged an application for review in the Federal Court. 21 Oct 2004 The proceedings were remitted to the Federal Magistrates Court. 28 Jan 2005 The appellant lodged an amended application for review in the Federal Magistrates Court. 22 Nov 2005 On the hearing of the appellant's amended application, the appellant sought leave to file a further amended application for review. 6 Dec 2005 Leave was refused and the appellant's amended application was dismissed by Emmett FM. 19 Dec 2005 The appellant lodged his notice of appeal. 4 As the chronology suggests, the appellant sought leave to file a further amended application before her Honour on 22 November 2005. Of the six grounds raised in the further amended application and considered by Emmett FM, only two, Ground 4 particular (a) and Ground 5 particular (b), are grounds raised in the notice of appeal. Ground 4 particular (a), a claim of non-compliance with s 424A (1) of the Migration Act 1958 (Cth) ('the Act'), is repeated in Ground 3 of the notice of appeal. Ground 5 particular (b), a claim of failure to consider whether the appellant was a member of a particular social group, is repeated in Ground 1 particular (b) of the notice of appeal.