Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZAXZ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1149
MIGRATION – no error in Federal Magistrate's decision as to the grounds of no evidence and apprehended bias SZAXZ v Minister for Immigration [2005] FMCA 3, upheld SZAXZ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 156 OF 2005 GYLES J 22 AUGUST 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 156 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZAXZ
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: GYLES J
DATE OF ORDER: 22 AUGUST 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the costs of the respondent.
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 156 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZAXZ
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: GYLES J
DATE: 22 AUGUST 2005
PLACE: SYDNEY
REASONS FOR JUDGMENT
Background 1 This is an appeal from a judgment of Driver FM (SZAXZ v Minister for Immigration [2005] FMCA 3) delivered on 18 January 2005, which dismissed an application to review a decision of the Refugee Review Tribunal (the Tribunal) made on 11 April 2002 and handed down on 7 May 2002. The Tribunal affirmed a decision of the delegate of the Minister not to grant the appellant a protection visa. 2 The appellant is a citizen of Syria who first arrived in Australia in 1999, left and returned again in January 2000. He lodged an application for a protection visa (Class XA) on 16 February 2000. This application was refused by a delegate of the Minister on 4 August 2000. The appellant's essential claim was that, if he returned to Syria, he feared persecution on religious grounds as he is a practising Baptist Christian known as such to the Syrian authorities.
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