SZDPE v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 626

FEDERAL COURT OF AUSTRALIA

SZDPE v Minister For Immigration & Multicultural & Indigenous Affairs [2005] FCA 626

MIGRATION – Refugees – Refugee Status – Genuine fear of persecution – Effectiveness of state protection and relocation principle – Whether Refugee Review Tribunal failed to consider matters in relation to relocation – No point of principle

Randhawa v Minister for Immigration, Local Government & Ethnic Affairs (1994) 52 FCR 437 cited SZDPE v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS NSD 1805 of 2004 EDMONDS J 20 MAY 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1805 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZDPE

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: EDMONDS J

DATE OF ORDER: 20 MAY 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant 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 NSD 1805 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZDPE

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: EDMONDS J

DATE: 20 MAY 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an appeal from a judgment of the Federal Magistrates Court [Scarlett FM] delivered on 16 November, 2004 dismissing an application for a review of a decision of the Refugee Review Tribunal ('the Tribunal') handed down on 27 April 2004 affirming a decision of the delegate of the Minister not to grant a protection visa to the appellant. The appellant seeks a writ of certiorari quashing the Tribunal's decision and a writ of mandamus compelling the Tribunal to rehear and redetermine the matter according to law.