MZQAV v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 922

FEDERAL COURT OF AUSTRALIA

MZQAV v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 922 MZQAV v Minister for Immigration and Multicultural and Indigenous Affairs VID 1362 OF 2004 NORTH J 31 MAY 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1362 OF 2004

BETWEEN: MZQAV

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: NORTH J

DATE OF ORDER: 31 MAY 2005

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal is dismissed. 2. The appellant is to pay the respondent's costs of the appeal, save for the costs of the preparation of the respondent's submissions. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1362 OF 2004

BETWEEN: MZQAV

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: NORTH J

DATE: 31 MAY 2005

PLACE: MELBOURNE

REASONS FOR JUDGMENT 1 Before the Court is an appeal against the decision of Hartnett FM delivered on 19 October 2004. The Federal Magistrate dismissed an application for review of a decision of the Refugee Review Tribunal (the Tribunal) made on 6 June 2003. The Tribunal affirmed the decision of a delegate of the respondent, the Minister for Immigration and Multicultural and Indigenous Affairs, to refuse to grant the appellant a protection visa. This appeal was heard by a single judge of this Court, pursuant to a determination to that effect made by the Chief Justice pursuant to s 25(1A) of the Federal Court of Australia Act 1976 (Cth) on 1 February 2005.

The appellant's claims 2 The appellant is a citizen of Sri Lanka and was born in 1964. He is Sinhalese and Buddhist. The appellant arrived in Australia on 13 June 1996. He claimed to fear persecution if he were returned to Sri Lanka for his perceived political support of the Liberation Tigers of Tamil Eelam (LTTE). He claimed that in 1995 he was in business with a Tamil person, and that in March 1995 he was travelling with this person to the north of Sri Lanka. He claimed that the lorry in which he was travelling was searched by the security forces and prohibited goods were discovered. He claimed that he was detained and tortured, and money was demanded from him. He said he was forced to sign a statement admitting he was involved in the transport of contraband for profit. He said that he was detained for two months and then released. 3 The appellant also claimed that he had to appear in court in Sri Lanka and it was alleged against him that he associated with the LTTE. He says he was released on reporting conditions, but in fact only reported to the authorities on one or two occasions. In October 1995, the appellant claimed that an oil installation was bombed by the LTTE and that his business partner was found dead near the bomb site. He claimed that it was reported that his business partner had been killed by the Sri Lankan security forces. The appellant said that, as a result, the police came to arrest him, but he went into hiding from the end of 1995 until he left for Australia. 4 The appellant submitted three letters, allegedly written by his sister, in support of his claims. These letters described that the authorities were still continuing to look for the appellant. The appellant also submitted a document which he said was a court summons. It appears to have been issued in a civil court. In further support of his claims, he said that he could not attend his mother's funeral in December 1998 for fear that he would be arrested on return to Sri Lanka.