Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZMSW v Minister for Immigration and Citizenship [2009] FCA 576
SZMSW v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 291 of 2009
COWDROY J
1 JUNE 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 291 of 2009
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZMSW
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J
DATE OF ORDER: 1 JUNE 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The Appellant pay the costs of the First Respondent.
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
NEW SOUTH WALES DISTRICT REGISTRY NSD 291 of 2009
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZMSW
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J
DATE: 1 JUNE 2009
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The appellant appeals from the decision of Smith FM delivered on 19 March 2009 which dismissed an application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') handed down on 19 August 2008. The Tribunal's decision affirmed the decision of a delegate of the Minister for Immigration and Citizenship ('the Minister') to refuse to grant a protection (Class XA) visa to the appellant.
BACKGROUND 2 The appellant is a citizen of Bangladesh. On 18 January 2008 the appellant lodged an application for a protection visa with the Department of Immigration and Citizenship. A delegate of the Minster refused the application for a protection visa on 28 March 2008. On 24 April 2008 the appellant applied to the Tribunal for a review of that decision. 3 Before the Tribunal, the appellant claimed to fear persecution in Bangladesh due to his membership of the Awami League ('AL'). The appellant claimed to be a seaman who intermittently returned to Bangladesh. He claimed that he was severely beaten during a protest rally in 1995 when he was a member of the AL's student arm, the Jubo League; that he was injured during two separate attacks by Bangladesh National Party ('BNP') members in early 2005; that he was beaten by police due to his participation in a AL rally in September 2006; and that he was arrested and tortured by the police in January 2007 on a false charge of arms possession. The appellant feared he would be killed if he were to return to Bangladesh.
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