SZJON v Minister for Immigration and Citizenship [2007] FCA 1993

FEDERAL COURT OF AUSTRALIA

SZJON v Minister for Immigration and Citizenship [2007] FCA 1993 SZJON v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1532 OF 2007

LINDGREN J

14 DECEMBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1532 OF 2007

ON APPEAL FROM A DECISION OF THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZJON

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: LINDGREN J DATE OF ORDER: 14 DECEMBER 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 1532 OF 2007

ON APPEAL FROM A DECISION OF THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZJON

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: LINDGREN J

DATE: 14 DECEMBER 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT

Introduction 1 The appellant appeals from orders made in the Federal Magistrates Court of Australia. That Court dismissed his application for a review of the decision of the Refugee Review Tribunal (the Tribunal). The Tribunal had affirmed a decision of a delegate of the first respondent (respectively, the Delegate and the Minister) not to grant a protection visa to the appellant. 2 The second respondent, the Tribunal, has submitted to such order the Court might make save as to costs.

Procedural background 3 The appellant is a national of Bangladesh. He arrived in Australia on 28 March 2006 and applied for a protection (Class XA) visa on 13 April 2006. 4 On 4 May 2006 the Delegate refused to grant the visa. By an application received by the Tribunal on 25 May 2006, the appellant applied to the Tribunal for review of the Delegate's decision. 5 The Tribunal conducted a hearing on 9 August 2006. The appellant attended the hearing and was questioned by the presiding member. 6 Following the hearing, the Tribunal wrote a letter to the appellant dated 10 August 2006 pursuant to s 424A of the Migration Act 1958 (Cth) (respectively, the s 424A letter and the Act) setting out certain information which, the letter stated, would, subject to any comments made by the appellant, be the reason or part of the reason for deciding that he was not entitled to a protection visa. The letter invited the appellant to comment on the information. 7 By letter dated 25 August 2006, the appellant, through his solicitor, commented on the information, and by a separate letter of the same date his solicitor forwarded a copy of a certain letter (discussed below) to the Tribunal relating to the relevant issue that had been raised by the s 424A letter. 8 On 26 September 2006 the Tribunal handed down its statement of decision and reasons which had been signed on 5 September 2006. 9 On 24 October 2006 the appellant applied for review of the Tribunal's decision to the Federal Magistrates Court of Australia. That Court conducted a hearing on 18 July 2007 at which the appellant, as well as the Minister, was represented by counsel. On the same day, the Federal Magistrate dismissed the application for review. 10 By a notice of appeal filed in this Court on 6 August 2007, the appellant appealed to this Court.