SZGLC v Minister for Immigration and Multicultural Affairs [2007] FCA 681

FEDERAL COURT OF AUSTRALIA

SZGLC v Minister for Immigration and Multicultural Affairs [2007] FCA 681 SZGLC v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 16 OF 2007

EDMONDS J

10 MAY 2007

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 16 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZGLC

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

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 16 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZGLC

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

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 against a judgment of the Federal Magistrates Court (Turner FM) dismissing an application for judicial 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 is a citizen of Bangladesh. He arrived in Australia on 15 August 2004 on a visitor's visa and lodged an application for a protection visa (class XA). A delegate of the Minister refused the application and the appellant applied to the Tribunal for review of the delegate's decision. 3 The Tribunal affirmed the decision of the delegate. The appellant sought judicial review of that decision in the Federal Magistrates Court, and the matter was remitted to the Tribunal by consent pursuant to an order of Lloyd Jones FM. 4 The appellant was invited to attend a hearing of the Tribunal and did attend a hearing on 6 December 2005. On 13 December 2005 the Tribunal wrote to the appellant in relation to information that suggested his claim for protection may not be genuine. On 27 December 2005 the appellant, through his authorised recipient, replied to that letter. 5 On 17 January 2006 the Tribunal made a second decision affirming the decision of the delegate. The appellant filed an application for judicial review of the second Tribunal decision on 20 February 2006. On 8 May 2006 the appellant filed an amended application, and a copy of the transcript of the proceedings of the second Tribunal hearing. 6 A hearing was conducted by the Federal Magistrates Court on 20 November 2006 and judgment was delivered on 20 December 2006, dismissing the application with costs. 7 The appellant filed a notice of appeal in this Court on 4 January 2007.