SZEZE v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 122

FEDERAL COURT OF AUSTRALIA

SZEZE v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 122 MIGRATION – No issue of principle

Federal Court Rules 1976 (Cth) O 52 r 38A(1)(d) SZEZE V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1728 OF 2004 CONTI J 22 FEBRUARY 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY 1728 OF 2004

BETWEEN: SZEZE

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: CONTI J

DATE OF ORDER: 22 FEBRUARY 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed.

2. The appellant pay the respondent's costs in the amount of $2000. 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 1728 OF 2004

BETWEEN: SZEZE

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: CONTI J

DATE: 22 FEBRUARY 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT Background and notice of appeal 1 This is an appeal from the orders and reasons for judgment of Federal Magistrate Mowbray made and given on 8 November 2004, whereby his Honour dismissed the appellant's application purportedly brought pursuant to s 39B of the Judiciary Act 1903 (Cth) for review of the decision of the Refugee Review Tribunal ('the Tribunal') made on 29 June 2004. The Tribunal decision affirmed the decision of the Minister's delegate made on 20 March 2004 not to grant the appellant a protection visa. 2 The appellant, who is a citizen of India and a Hindu, sought protection on the ground that he a had a well founded fear of persecution on the ground of political opinion, namely that he was a member of the Bartiya Janta Party ("BJP") and at risk of persecution by members of the Congress Party. He claimed, in particular, in his application for a protection visa that after a number of people were killed in a train at Godhra, there was fighting between Hindus and Muslims in Gudjarat causing loss of life, that Congress Party members believed the BJP caused the fighting, and that at that time he received threats by telephone from members of the Congress party. 3 The notice of appeal filed 23 November 2004 contained the following purported grounds (read literally): '2. The single Judge of the Federal Magistrates Court in his Honors [sic] Judgment delivered on the 8 November 2004 failed to find error of law, Jurisdictional error Procedural fairness and relief Under Section 39 B of the Judiciary Act 1903.