SZCKZ v Minister for Immigration and Citizenship [2007] FCA 674

FEDERAL COURT OF AUSTRALIA

SZCKZ v Minister for Immigration and Citizenship [2007] FCA 674 SZCKZ v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 391 OF 2007

COWDROY J

25 MAY 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 391 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZCKZ

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COWDROY J DATE OF ORDER: 25 MAY 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. That the name of the first respondent be amended to 'Minister for Immigration and Citizenship'. 2. The appeal be dismissed. 3. The appellant pay the costs of the first respondent in the sum of $3000.

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 391 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZCKZ

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COWDROY J

DATE: 25 MAY 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The appellant seeks judicial review of the decision of Federal Magistrate Driver delivered on 22 February 2007 which affirmed the decision of the Refugee Review Tribunal ('the Tribunal') handed down on 22 December 2005 to refuse to grant the appellant a protection visa. 2 The appellant is a citizen of Bangladesh who arrived in Australia on 4 October 2001. On 2 November 2001 the appellant lodged an application for a protection visa with the Department of Immigration and Multicultural Affairs ('the Department'). A delegate of the Minister for Immigration and Multicultural Affairs ('the Minister') refused the application on 30 May 2002. On 31 October 2002 the appellant applied to the Tribunal for a review of that decision. A hearing was held ('the first hearing') and the Tribunal handed down its decision on 18 November 2003. Such decision was set aside and the matter was remitted to the Tribunal by consent on 22 September 2005 by Federal Magistrate Scarlett. The Tribunal held a second hearing and handed down its decision on 22 September 2005. The appellant appealed this decision to the Federal Magistrates Court and the decision of that Court is the subject of the current proceedings. 3 The appellant claimed to fear persecution due to his membership of the Hindu minority in Bangladesh and of the Bangladesh Chattra League, the student wing of the Awami League. The appellant outlined his involvement in student politics, and in particular his involvement in the election in 2001 and the reprisals that ensued after the election when the BNP and Jamat-E-Islami alliance took control of Bangladesh. The appellant claims that warrants were issued for his arrest and false charges were laid against him. 4 At the first hearing before the Tribunal the appellant claimed that he feared persecution because some of his friends had been killed due to their political activities and that he had become aware that false charges had been made against him because of his own political activities. 5 At the second hearing the appellant made further claims including that he was a high profile leader while at college and organised many movements against the BNP which brought him to the attention of the authorities. The appellant outlined the persecution he suffered because of his membership of the Hindu minority and his victimisation by the Enemy Property Law. The appellant provided fourteen different documents to the Tribunal including newspaper articles and a letter from a former Minister of Parliament as support his political profile.