SZBXR v Minister for Immigration and Citizenship [2007] FCA 1909

FEDERAL COURT OF AUSTRALIA

SZBXR v Minister for Immigration and Citizenship [2007] FCA 1909

SZBXR v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1604 OF 2007

LINDGREN J

13 NOVEMBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1604 of 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZBXR

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: LINDGREN J DATE OF ORDER: 13 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 1604 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZBXR

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: LINDGREN J

DATE: 13 NOVEMBER 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT

INTRODUCTION 1 The appellant appeals from a decision of the Federal Magistrates Court of Australia given on 26 July 2007. That Court dismissed an application for review of a decision of the second respondent, the Refugee Review Tribunal (RRT), which was signed on 23 January 2007 and handed down on 13 February 2007. The RRT affirmed a decision of a delegate of the first respondent (respectively the Delegate and the Minister) refusing to grant the appellant a protection (Class XA) visa. 2 The RRT submits to such order as the Court may make, save as to costs.

BACKGROUND 3 The appellant was born in Bangladesh and is a citizen of that country. He arrived in Australia on 14 March 2002 as a visitor. On 26 April 2002, he made an application for a protection visa. On 18 June 2002, the Delegate refused to grant the visa. 4 On 15 July 2002, the appellant lodged with the RRT an application for review of the Delegate's decision. The appellant attended a hearing before the RRT on 24 June 2003 and submitted documents to the RRT in support of his application. 5 On 25 September 2003 the RRT affirmed the Delegate's decision. However, on 21 December 2005 the Federal Magistrates Court made orders setting aside the RRT's decision and remitting the matter to the RRT for reconsideration according to law. 6 On 20 March 2006, the RRT conducted a further hearing in the presence of the appellant. On 9 May 2006 it affirmed the Delegate's decision. On 5 October 2006, however, the Federal Magistrates Court made orders by consent setting aside the RRT's decision and remitting the matter to the RRT for further consideration according to law. 7 On 6 December 2006 the RRT conducted a further hearing, again in the presence of the appellant. As noted earlier, by a decision signed on 23 January 2007 and handed down on 13 February 2007 the RRT again affirmed the Delegate's decision. It is this decision which has given arise to the present proceeding. 8 On 12 March 2007 the appellant applied to the Federal Magistrates Court for review of this last decision of the RRT. On 26 July 2007 a Federal Magistrate dismissed that application (see SZBXR v Minister for Immigration [2007] FMCA 1225). 9 On 14 August 2007 the appellant filed his notice of appeal in this Court that forms the basis of the present proceeding.