SZHCH v Minister for Immigration & Citizenship [2007] FCA 679

FEDERAL COURT OF AUSTRALIA

SZHCH v Minister for Immigration & Citizenship [2007] FCA 679 SZHCH v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 267 OF 2007

EDMONDS J

10 MAY 2007

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 267 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZHCH

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 267 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZHCH

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 (Raphael 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') refusing an application for a protection visa (class XA).

Background 2 The appellant is a citizen of Bangladesh. The appellant arrived in Australia on 4 November 2004 and on 14 December 2004 he lodged an application for a protection visa (class XA). After the Minister's delegate refused the protection visa application on 18 February 2005, the appellant applied on 21 March 2005 to the Tribunal for a review of that decision. 3 Before the Tribunal, the appellant claimed to have well-founded fear of persecution for his political opinion. He claimed to have been a district organising secretary of the youth league of the Bangladesh Awami League ('the AL'). He claimed to have joined the AL in 1992. In 2001 the AL lost the general election. The appellant claimed he was persecuted by the Bangladesh Nationalist Party ('the BNP') and that at one stage he had been ambushed, attacked and tortured. The appellant claimed that a case was filed against him for a murder charge and that police were still looking for him. He claimed that in March 2002 BNP activists attacked him resulting in hospitalisation and he realised his life was in danger. On 15 May 2003 the appellant departed Bangladesh for the United Arab Emirates to work as a cook. He stayed there until November 2004 when he left for Australia.