Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZFME v Minister for Immigration & Citizenship [2007] FCA 678 SZFME v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 243 OF 2007
EDMONDS J
10 MAY 2007
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 243 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZFME
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: EDMONDS J DATE OF ORDER: 10 MAY 2007
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 243 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZFME
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: EDMONDS J
DATE: 10 MAY 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT
Introduction 1 This is an appeal from a judgment of the Federal Magistrates Court (Nicholls FM) dismissing an application for review of a decision of the second respondent ('the Tribunal') affirming a decision of a delegate of the first respondent ('the Minister') to refuse the appellant a protection visa (class XA).
Background 2 The appellant, a citizen of Bangladesh, first arrived in Australia on 20 December 2001 and then again on 15 January 2002. On 17 January 2002 he lodged an application for a protection visa claiming to have a well-founded fear of persecution because of his political opinion. After the Minister's delegate refused the application, the appellant applied to the Tribunal for review of the delegate's decision. The Tribunal affirmed the delegate's decision but that decision was set aside by consent and the Federal Magistrates Court remitted the matter to the Tribunal for reconsideration. 3 On 15 July 2004 the Tribunal informed the appellant that it was unable to make a decision on the information in his application and invited him to a hearing on 19 August 2004. On 18 August 2004 the Tribunal received submissions from the appellant's adviser. The appellant attended the hearing and gave oral evidence. He also produced his Bangladesh passport. Further submissions were provided after the hearing. 4 On 17 December 2004 the Tribunal handed down its decision affirming the delegate's decision not to grant the appellant a protection visa. The appellant filed an application for review in the Federal Magistrates Court on 13 January 2005 and an amended application on 15 April 2005. After a hearing on 24 October 2006, the application was dismissed on 2 February 2007.
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