Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZDWB v Minister for Immigration & Citizenship [2008] FCA 92 Migration Act 1958 (Cth) ss 91R, 424A(1), 424A(3)(b) SZDWB v Minister for Immigration & Citizenship [2007] FMCA 1522 considered SZEPZ v Minister for Immigration & Multicultural & Indigenous Affairs (2006)159 FCR 291 applied SZDWB v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1968 OF 2007
BENNETT J
21 FEBRUARY 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1968 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZDWB
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: BENNETT J
DATE OF ORDER: 21 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 in the fixed sum of $4,000.00 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 1968 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZDWB
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: BENNETT J
DATE: 21 FEBRUARY 2008
PLACE: SYDNEY
REASONS FOR JUDGMENT
INTRODUCTION 1 The appellant is a citizen of Bangladesh and claimed to be a member of and senior person in the Awami League. For that reason, he claimed, he was a person who feared persecution in Bangladesh from the Bangladesh Nationalist Party which regained power in 2001. The appellant described his activities within the Awami League and incidents of assault and abuse as well as false charges that had been laid against him. 2 A delegate of the Minister refused the appellant's application for a Protection (Class XA) visa ('protection visa'). That decision was affirmed by the Tribunal after a hearing attended by the appellant. An application for review of that decision was dismissed by the Federal Magistrates Court but the appeal was allowed by the Federal Court and the matter remitted to the Tribunal.
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