Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZAHH v Minister for Immigration and Citizenship [2007] FCA 810 SZAHH v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 538 OF 2007
MARSHALL J
25 MAY 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 538 OF 2007
BETWEEN: SZAHH
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MARSHALL J DATE OF ORDER: 25 MAY 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The name of the first respondent is amended to "Minister for Immigration and Citizenship". 2. The application for leave to appeal is dismissed. 3. The applicant pay the first respondent's costs of the application. 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 538 OF 2007
BETWEEN: SZAHH
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MARSHALL J
DATE: 25 MAY 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The applicant applies for leave to appeal from a judgment of the Federal Magistrates Court given on 19 March 2007. The Federal Magistrate dismissed the applicant's application for judicial review of a decision of the Refugee Review Tribunal ('Tribunal'). The Tribunal held it did not have jurisdiction to review a decision of a delegate of the first respondent Minister as the delegate's decision had already been reviewed by a differently constituted Tribunal ('second Tribunal decision'). 2 The applicant is a citizen of Bangladesh. He applied for a protection visa on 1 May 2000. The applicant claimed to fear persecution by reason of his political opinion arising from his alleged well-known association with the Jamaat-e-Islami, which he joined in 1987. A delegate of the Minister refused to grant the applicant a protection visa on 5 June 2000. The applicant sought review of that decision by the Tribunal. On 25 February 2003, the Tribunal handed down its decision affirming the delegate's decision ('first Tribunal decision').
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