SZBBE v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 264

FEDERAL COURT OF AUSTRALIA

SZBBE v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 264

MIGRATION – Appeal from Federal Magistrate – protection visa –legal action in Egypt - fear of revenge - Convention nexus - Imputed political opinion – Reasonable State Protection Minister for Immigration and Multicultural Affairs v Respondents S152/2003 (2004) 205 ALR 487 considered Minister for Immigration and Multicultural Affairs v Singh (2002) 209 CLR 533 distinguished Minister for Immigration and Multicultural and Indigenous Affairs v VFAY [2003] FCAFC 191 cited Minister for Immigration and Multicultural Affairs v Khawar (2002) 210 CLR 1 referred to Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 referred to MZ RAJ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1261 referred to Saliba v Minister for Immigration and Ethnic Affairs (1988) 89 FCR 38 distinguished SHKB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 545 referred to SZBBE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 1741 of 2004 JACOBSON J SYDNEY 24 MARCH 2005

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1741 of 2004

ON APPEAL FROM A JUDGMENT OF A FEDERAL MAGISTRATE

BETWEEN: SZBBE

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: JACOBSON J

DATE OF ORDER: 24 MARCH 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs in the proceeding. 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 N 1741 of 2004