SZFXC v Minister for Immigration & Citizenship [2007] FCA 381

FEDERAL COURT OF AUSTRALIA

SZFXC v Minister for Immigration & Citizenship [2007] FCA 381

MIGRATION - appeal from a decision of a Federal Magistrate - no point of principle Held: Appeal dismissed

Migration Act 1958 (Cth) s 424A SZCIA v MIMA [2006] FCA 238 cited SZEZI v MIMIA [2005] FCA 1195 cited SZFXC v MINISTER FOR IMMIGRATION & CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD2347 OF 2006

COLLIER J

19 MARCH 2007

BRISBANE IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY NSD2347 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZFXC

Appellant

AND: MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COLLIER J DATE OF ORDER: 19 MARCH 2007

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The name of the first respondent be amended to read Minister for Immigration and Citizenship. 2. 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

QUEENSLAND DISTRICT REGISTRY NSD2347 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZFXC

Appellant

AND: MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COLLIER J

DATE: 19 MARCH 2007

PLACE: BRISBANE

REASONS FOR JUDGMENT 1 This is an appeal against the decision of Emmett FM delivered 10 November 2006 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal"). The Tribunal had affirmed a decision of a delegate of the first respondent to refuse to grant a protection visa to the appellant. 2 The appellant is a citizen of Bangladesh who arrived in Australia on 15 October 2000 and lodged an application for a protection visa with then Department of Immigration and Multicultural Affairs on 23 August 2004. 3 In his application for a protection visa the appellant claimed to have a well founded fear of persecution owing to his political opinion due to his involvement in student politics, in particular as a member of the Awami League. The appellant claimed that the Bandgladeshi Nationalist Party (BNP) made trouble for the Awami League during student elections. The appellant claims he was beaten by a BNP member, and that arms were placed in the appellant's home by the BNP to show that he carried illegal arms as a student leader. The appellant claims that as the BNP are in power, the leader is taking revenge on the appellant and his family. The appellant claims he has been harassed, his brother beaten and he has been sent death threats. The appellant claims the police are not assisting him or his family because the police are controlled by the BNP. 4 On 31 August 2004 a delegate of the first respondent refused the appellant's application for a protection visa. On 27 September 2004 the appellant applied to the Tribunal for a review of that decision. On 17 November 2004 the Tribunal sent the appellant a letter to his nominated address advising that the Tribunal was unable to make a decision in favour of the appellant on this information alone, and invited the appellant to attend a hearing on 24 January 2005. The Tribunal also attempted to contact the appellant on the mobile number provided but was advised that the number provided was disconnected. The appellant did not return a response to the hearing invitation form and did not appear at the hearing.