SZFVX v Minister for Immigration and Citizenship [2007] FCA 1763

FEDERAL COURT OF AUSTRALIA

SZFVX v Minister for Immigration and Citizenship [2007] FCA 1763 SZFVX v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1393 OF 2007

LINDGREN J

23 NOVEMBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1393 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZFVX

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: LINDGREN J

DATE OF ORDER: 23 NOVEMBER 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the first respondent's costs of the appeal. 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 1393 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZFVX

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: LINDGREN J

DATE: 23 NOVEMBER 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT

INTRODUCTION 1 The appellant appeals from a judgment of the Federal Magistrates Court of Australia. That Court dismissed his application for constitutional writs in respect of a decision of the second respondent (the Tribunal). The Tribunal had affirmed a decision of a delegate of the first respondent (respectively, the Delegate and the Minister) to refuse to grant the appellant a Protection (Class XA) Visa. 2 The Tribunal has filed an appearance submitting to any order, other than as to costs, that the Court might make.

BACKGROUND 3 The appellant is a citizen of Bangladesh. He arrived in Australia on 27 April 2004 and applied to the then Department of Immigration and Multicultural and Indigenous Affairs for the protection visa on 10 May 2004. 4 The Delegate refused to grant the visa on 27 July 2004. On 23 August 2004, the appellant applied to the Tribunal for review of the Delegate's decision. The Tribunal affirmed the decision on 10 February 2005. However, by order of the Federal Magistrates Court made on 23 August 2006, the Tribunal's decision was quashed and the matter was remitted to the Tribunal to be determined according to law (SZFVX v Minister for Immigration [2006] FMCA 1204). 5 On 22 September 2006, the Tribunal wrote a letter to the appellant pursuant to s 424A of the Migration Act 1958 (Cth). That letter enclosed a lengthy attachment which may be described as a draft of the Tribunal's reasons for decision. Indeed, the latter part of the document was headed "possible findings and reasons". 6 On 18 October 2006, the appellant replied to the s 424A letter. 7 On 7 November 2006, the Tribunal, differently constituted, conducted a hearing of the appellant's application at which the appellant appeared, aided by an interpreter, and was represented by Mr Sirajul Haque, of AAT Legal, NSW Legal Exchange. The appellant gave evidence and made submissions. 8 On 28 November 2006, the Tribunal handed down its decision, which was again adverse to the appellant. On 22 December 2006, the appellant filed an application in the Federal Magistrates Court, and on 23 May 2007 he filed in that Court an amended application on which his application for judicial review proceeded. 9 On 27 June 2007, the Federal Magistrates Court dismissed the application: SZFVX v Minister for Immigration & Anor [2007] FMCA 978. 10 On 17 July 2007, the appellant filed his notice of appeal in this Court.