SZGFF v Minister for Immigration and Citizenship [2007] FCA 147

FEDERAL COURT OF AUSTRALIA

SZGFF v Minister for Immigration and Citizenship [2007] FCA 147 SZGFF v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 2306 OF 2006

KENNY J

19 FEBRUARY 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2306 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZGFF

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: KENNY J DATE OF ORDER: 19 FEBRUARY 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. 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. IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2306 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZGFF

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: KENNY J

DATE: 19 FEBRUARY 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT

BACKGROUND 1 The Refugee Review Tribunal has found that the appellant is a citizen of Uzbekistan, who arrived in Australian in August 2004 on a business visa. On 27 August 2004, he lodged an application for a protection visa with the respondent Minister's Department, claiming refugee status on the ground of political opinion. This morning, I considered a virtually identical claim in SZGFO v Minister for Immigration and Citizenship [2007] FCA 146. 2 On 9 September 2004, a delegate of the first respondent refused to grant a protection visa to the appellant. The appellant applied to the Tribunal for review of the delegate's decision. The appellant, through his agent, was invited to attend a hearing on 10 January 2005. The appellant requested an interpreter in the Uzbek language for the hearing. 3 The Tribunal handed down its decision affirming the delegate's decision on 30 March 2005. On 3 May 2005, the appellant filed an application in the Federal Magistrates Court for judicial review of the decision of the Tribunal, upon the ground that: "The Tribunal was unable to reach a correct decision because neither the Tribunal nor the applicant received any assistance of the qualified Uzbek interpreter. Instead of providing the applicant with the Uzbek language interpreter as it was requested, the Tribunal provided the applicant with the Uigar language interpreter. This resulted in impossibility to deliver Tribunal questions to the applicant properly as well as the applicant's answers to the Tribunal. Due to the above mentioned the applicant had no fair hearing and therefore the judgment was incorrect." A Federal Magistrate heard the application on 2 November 2006 and delivered judgment dismissing the application on the same day. The appellant appeals from that decision.