SZASX v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 68

FEDERAL COURT OF AUSTRALIA

SZASX v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 68 Migration Act 1958 (Cth) ss 422B, 424A Minister for Immigration and Multicultural and Indigenous Affairs v NAMW [2004] FCAFC 264 followed SZAOT v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1473 cited SZASX v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1571 OF 2004 TAMBERLIN J SYDNEY 8 FEBRUARY 2005

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1571 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

BETWEEN: SZASX

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 8 FEBRUARY 2005

WHERE MADE: 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.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1571 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

BETWEEN: SZASX

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: TAMBERLIN J

DATE: 8 FEBRUARY 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an appeal from a decision of a Federal Magistrate ("the Magistrate") dismissing an application for review of a decision of the Refugee Review Tribunal ("the Tribunal") made on 2 May 2003.

BACKGROUND 2 The appellant is a 44-year-old male and a citizen of Bangladesh. He arrived in Australia on 9 September 2001 and thereafter lodged an application for a protection visa on the basis that he was a refugee entitled to protection under the provisions of the well-known Convention relating to the Status of Refugees. The basis on which the appellant places his case is that there is a real chance that he will suffer persecution on religious grounds if he is returned to Bangladesh. His claim to a well-founded fear of persecution is by reason of his conversion from the Sunni Muslim faith to the Ahmadiyya faith. 3 The appellant's case was to the effect that, when his family and friends found out about his conversion in 1998, they directed hostility towards him and threatened to throw him out of the family. The appellant stated that at a time which he does not remember in detail, he was attacked by Sunni Muslims while delivering a speech at a religious convention. He was hospitalised for two weeks. He also claims that young boys and Sunni Muslims attacked and attempted to kill him after he left a religious meeting. In these circumstances, the appellant fled to Australia.