Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZAPH v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1246 SZAPH & ORS v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N861 of 2004 9 SEPTEMBER 2004 MADGWICK J SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N861 of 2004
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT
BETWEEN: SZAPH, SZAPI, SZAPJ and SZAPK
APPELLANTS
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MADGWICK J
DATE OF ORDER: 9 SEPTEMBER 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal is dismissed. 2. The appellants are to pay the respondent's costs, assessed in the sum of $4,000. 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 N861 of 2004
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT
BETWEEN: SZAPH, SZAPI, SZAPJ and SZAPK
APPELLANTS
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MADGWICK J
DATE: 9 SEPTEMBER 2004
PLACE: SYDNEY
REASONS FOR JUDGMENT HIS HONOUR: 1 This is an appeal from a judgment of Federal Magistrate Driver given on 7 May 2004 rejecting an application by the appellant for judicial review of an adverse decision by the Refugee Review Tribunal ('the Tribunal') made on 27 March 2003, and handed down on 16 April 2003. 2 There are actually four appellants. They are husband and wife, and two children. The claim of each of them is founded on the claims of the husband and father, the first referred to appellant, and it is convenient to speak of him, as I have already done, as the appellant. 3 The appellant and his family are nationals of Fiji of Indian ethnicity and adherent to the Hindu religion. The appellant's claim for a protection visa was based on a claim that he feared persecution in Fiji on the grounds of his race and/or religion and the inability or unwillingness of the Fijian government to offer him protection. He claimed that in four separate incidents that occurred between October 1993 and October 1998, his person and his property were maltreated at the hands of ethnic Fijians. Late in December 1999, he alleged that ethnic Fijians set fire to the house next door to his.
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