SZAYT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 857

FEDERAL COURT OF AUSTRALIA

SZAYT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 857 IMMIGRATION – Application for protection visa by Indo Fijian woman – Refugee Tribunal accepted claims by appellant of harassment by indigenous Fijians, including a threat to kill her, and activities which affected her ability to live alone – whether the Tribunal fell into jurisdictional error by failing to evaluate the significance of the threat to kill the appellant or consider whether she had a well‑founded fear of persecution as a member of a particular social group, single Indo Fijian women living alone – whether any claim was excluded by circumstances under which police protection was not provided.

Migration Act 1958 (Cth) ss 36, 91R

Minister for Immigration and Multicultural and Indigenous Affairs v VBAO of 2002 [2004] FCA 1495 followed and explained Minister for Immigration and Multicultural Affairs v Khawar [2002] HCA 14; 210 CLR 1 discussed Minister for Immigration and Multicultural and Indigenous Affairs v Respondents S152/2003 [2004] HCA 18; 205 ALR 487 applied SZAYT v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and REFUGEE REVIEW TRIBUNAL NSD 526 of 2005 WILCOX J 24 JUNE 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 526 OF 2005

BETWEEN: SZAYT

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: WILCOX J

DATE OF ORDER: 24 JUNE 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The orders made by Mowbray FM on 17 March 2005 be set aside and, in lieu thereof, it be ordered that the decision of the Refugee Review Tribunal, handed down on 11 June 2003, be quashed and the matter remitted to the said Tribunal for further hearing and determination according to law. 3. The first respondent, the Minister for Immigration and Multicultural and Indigenous Affairs, pay the costs of the appellant in both the Federal Magistrates Court and this Court. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.