SZBIS v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1056

FEDERAL COURT OF AUSTRALIA

SZBIS v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1056 SZBIS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 788 OF 2005 STONE J 12 AUGUST 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 788 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZBIS

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: STONE J

DATE OF ORDER: 12 AUGUST 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed with 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 788 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZBIS

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: STONE J

DATE: 12 AUGUST 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT

Background 1 The appellant is a citizen of Sri Lanka who arrived in Australia on 2 August 2000. On 5 September 2000, he lodged an application for a Protection (Class XA) visa with the Department of Immigration and Multicultural Affairs. His application was rejected first by a delegate of the respondent Minister and then by the Refugee Review Tribunal ('Tribunal'). His application to the Federal Magistrates Court for review of the Tribunal's decision was dismissed on 14 April 2005. 2 The appellant was born in Colombo, however, at all relevant times he lived in Kelaniya. In a statement accompanying his visa application, the appellant set out his claim for refugee status. He stated that he feared persecution on account of his race, religion, nationality, membership of a particular social group or political opinion, although it is tolerably clear that his claim was based on imputed political opinion.