SZUYX v Minister for Immigration and Border Protection [2016] FCA 1063

FEDERAL COURT OF AUSTRALIA

SZUYX v Minister for Immigration and Border Protection [2016] FCA 1063 Appeal from: Application for leave to appeal: SZUYX v Minister for Immigration & Anor [2016] FCCA 603

File number(s): NSD 452 of 2016

Judge(s): SIOPIS J

Date of judgment: 5 August 2016

Date of hearing: 5 August 2016

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 21

Counsel for the Applicant: The Applicant appeared in person.

Counsel for the First Respondent: Ms N Maddocks

Solicitor for the First Respondent: DLA Piper Australia

ORDERS NSD 452 of 2016

BETWEEN: SZUYX Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: SIOPIS J DATE OF ORDER: 5 AUGUST 2016

THE COURT ORDERS THAT:

1. The application is dismissed. 2. The applicant pay the costs of the respondent. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

SIOPIS J: 1 This is an application for leave to appeal against the judgment of the Federal Circuit Court of Australia. 2 The primary judge dismissed an application for judicial review of the decision of the Refugee Review Tribunal (the Tribunal), now the Administrative Appeals Tribunal, which affirmed the decision of a delegate of the first respondent to refuse the applicant's application for a protection visa. 3 The applicant filed an application for a protection visa on 12 April 2013. The applicant claimed that he was a Buddhist monk from Bangladesh. He claimed that he had been targeted by local authorities and Muslims in his local area by reason of his Buddhist religion and his Barua ethnicity. 4 The applicant further claimed that his father had been particularly targeted because he was a local community leader. In particular, the applicant referred to an event in January 2009 in which, during Buddhist celebrations, local Muslims had attacked the Buddhist temple and a Muslim leader, Mr Abdul Jalil, was injured. The applicant claimed that his father was charged in connection with those events and was subsequently arrested and later granted bail. 5 The applicant also claimed that, in April 2009, his father was assaulted by local Muslims and that he was threatened with kidnapping. The applicant said that by reason of those events, he went into hiding at a local monastery before fleeing Bangladesh for India on 15 October 2010.