Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZBDU v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 742
MIGRATION – no point of principle SZBDU and SZBDV v Minister for Immigration and Multicultural and Indigenous Affairs NSD 282 of 2005 JACOBSON J 10 JUNE 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 282 of 2005
On Appeal from the Federal Magistrates Court
BETWEEN: SZBDU
FIRST APPELLANT
SZBDV
SECOND APPELLANT
AND: Minister for Immigration and Multicultural and Indigenous Affairs
RESPONDENT
JUDGE: JACOBSON J
DATE OF ORDER: 10 JUNE 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 282 of 2005
On Appeal from the Federal Magistrates Court
BETWEEN: SZBDU
FIRST APPELLANT
SZBDV
SECOND APPELLANT
AND: Minister for Immigration and Multicultural and Indigenous Affairs
RESPONDENT
JUDGE: JACOBSON J
DATE: 10 JUNE 2005
PLACE: SYDNEY
REASONS FOR JUDGMENT Introduction 1 This is an appeal from a decision of Federal Magistrate Driver given on 2 February 2005, dismissing an application for review of a decision of the Refugee Review Tribunal ("RRT") handed down on 16 July 2003. The RRT affirmed a decision of a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs ("the Minister") refusing to grant the appellants' protection visas. 2 The appellants are husband and wife. They are citizens of the Ukraine. The wife's claims are dependent on the husband's, and I will refer to the husband as the appellant. 3 The appellant claims to have a well founded fear of persecution by reasons of his opposition to a practice in the Ukraine known as 'dedovshchina' or violent abuse of young soldiers by senior soldiers in the Ukraine Army, and also by reason of steps taken by him in the Ukraine to oppose that practice. 4 The appellant's claim may be regarded as being put on the basis of a well founded fear of persecution on political grounds, although today he put it in a way which indicates that he may be claiming to have a well founded fear on the ground of membership of a particular social group, namely journalists.
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