Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NAQZ v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1298 NAQZ v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N629 of 2003 MADGWICK J 5 NOVEMBER 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N629 OF 2003
BETWEEN: NAQZ
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MADGWICK J
DATE OF ORDER: 5 NOVEMBER 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's 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 N629 OF 2003
BETWEEN: NAQZ
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MADGWICK J
DATE: 5 NOVEMBER 2003
PLACE: SYDNEY
REASONS FOR JUDGMENT (revised from transcript) HIS HONOUR: 1 This is an application purportedly made under s 39B of the Judiciary Act 1903 (Cth), seeking a factual reconsideration of the applicant's claim to be a refugee and as such, entitlement to a protection visa. The applicant came to Australia on 11 June 2001 and on 18 June he lodged an application for such a visa. A delegate of the respondent Minister refused the application and the applicant sought a review of that decision by the Refugee Review Tribunal. The Tribunal handed down its decision on 6 May 2003 after a hearing which had been held on 4 March 2003. 2 The applicant claimed a fear of persecution for reasons of political opinion. He is a Nigerian national of Ibo ethnicity and he claimed to have been arrested, tortured and charged with treason after attending a flag raising demonstration in Aba in May 2000, which had been organised by an Ibo separatist leader and an organisation founded by him. The applicant says that in July 2000 he attended, in another city, another meeting organised by that organisation when many arrests were made. He thereafter escaped to the neighbouring country of Benin, although he returned to his own country a year later to depart from Lagos for Australia on a
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