SZLYT v Minister for Immigration and Citizenship [2009] FCA 76

FEDERAL COURT OF AUSTRALIA

SZLYT v Minister for Immigration and Citizenship [2009] FCA 76

SZLYT v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

NSD 1714 of 2008

COLLIER J

11 FEBRUARY 2009

BRISBANE (HEARD IN SYDNEY)

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY NSD 1714 of 2008

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZLYT

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COLLIER J

DATE OF ORDER: 11 FEBRUARY 2009

WHERE MADE: BRISBANE (HEARD IN SYDNEY)

THE COURT ORDERS THAT:

The appeal be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY NSD 1714 of 2008

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZLYT

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COLLIER J

DATE: 11 FEBRUARY 2009

PLACE: BRISBANE (HEARD IN SYDNEY)

REASONS FOR JUDGMENT 1 This is an appeal against the decision of Cameron FM delivered on 14 October 2008 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") handed down on 17 January 2008. The Tribunal had affirmed a decision of a delegate of the Minister for Immigration and Citizenship to refuse to grant a protection visa to the appellant.

BACKGROUND 2 The appellant is a citizen of Bangladesh who arrived in Australia on 20 June 2007. On 18 July 2007 the appellant lodged an application for a protection visa with the Department of Immigration and Citizenship. A delegate of the first respondent refused the application for a protection visa on 21 August 2007. On 14 September 2007 the appellant applied to the Tribunal for a review of that decision. 3 The appellant claimed to have a well founded fear of persecution for reason of his political opinion, namely his support of and involvement in the Awami League. The appellant claimed that he became involved with the Bangladesh Chatra League, the student wing of the Bangladesh Awami League, in 1986 and was actively involved in supporting the Awami League in elections. He claimed that he became a renowned student leader in the region. He stated that when the BNP government came to power in 1991 he could no longer stay in his home town as he faced serious oppression from his College's administration. Consequently, he went to Dhaka to study. After completing his degree he joined the Awami League and in 1994 he was elected to the position of Vice President of the Babugonj Thana Awami League. 4 The appellant stated that on 3 October 2001 BNP and Jamat-i-Islami cadres ransacked and looted his house, beat his brother and warned him that if he did not leave the area he would be killed. He claimed that in 2003 he was elected to the position of executive member of the Barisal District Awami League. He said that on 27 October 2003 BNP and Jamat-i-Islami cadres again attacked and injured him, leaving him unconscious. He was treated in a clinic for a week. In July 2004 he was beaten by the local BNP and the police. A number of false cases were filed against him to destroy his political future. He was in constant hiding in Dhaka and he was often forced to flee from the police. He claimed that he had no alternative but to leave the country and in January 2005 he went to South Korea. 5 At the Tribunal hearing he further claimed that he left Bangladesh to save his life as all leaders were being arrested by the Rapid Action Battalion ("RAB"). He stated that the government was trying to abolish the Awami League by arresting and killing leaders and activists like him.