SZFQB v Minister for Immigration & Citizenship [2008] FCA 77

FEDERAL COURT OF AUSTRALIA

SZFQB v Minister for Immigration & Citizenship [2008] FCA 77 Migration Act 1958 (Cth) s 424A(1) Minister for Immigration & Multicultural Affairs v Jia (2001) 205 CLR 507 cited SZEPZ v Minister for Immigration & Multicultural & Indigenous Affairs (2006)159 FCR 291 applied SZFQB v Minister for Immigration & Citizenship [2007] FMCA 1518 considered SZFQB v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1971 OF 2007

BENNETT J

13 FEBRUARY 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1971 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZFQB

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: BENNETT J

DATE OF ORDER: 13 FEBRUARY 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal is dismissed. 2. The appellant is to pay the first respondent's costs. 3. The first respondent has leave to send to chambers, within two (2) days, an affidavit in support of an application for fixed 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 1971 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZFQB

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: BENNETT J

DATE: 13 FEBRUARY 2008

PLACE: SYDNEY

REASONS FOR JUDGMENT

INTRODUCTION 1 The appellant is a citizen of Bangladesh. The appellant claims fear of persecution in Bangladesh because of his political beliefs, in particular because of involvement in the activities of the Awami League. The appellant's application for a Protection (class XA) visa was refused by a delegate of the Minister for Immigration & Multicultural Affairs in 2004. The decision of the delegate was affirmed by the Tribunal in December 2004 ('the first decision'). Before arriving at the first decision, the Tribunal sent a letter to the appellant which contained information on which the Tribunal invited the appellant to comment ('the first s 424A letter'). The information related to documents from members of the Awami League that the appellant had provided to the Tribunal. The appellant responded to that letter. In October 2006 the Federal Magistrates Court, by consent, set aside the first decision. The case was remitted to the Tribunal for reconsideration according to law. 2 A differently constituted Tribunal conducted a new hearing on 8 December 2006. Following that hearing, the Tribunal again wrote to the appellant ('the second s 424A letter'). No response was received from the appellant and the reconstituted Tribunal, in a decision signed on 21 January 2007, again affirmed the decision not to grant the appellant a protection visa.