SZGBY v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 35

FEDERAL COURT OF AUSTRALIA

SZGBY v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 35 MIGRATION – no point of principle SZGBY v Minister for Immigration and Multicultural and Indigenous Affairs and refugee review tribunal NSD 1818 OF 2005 MOORE J 6 FEBRUARY 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1818 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZGBY

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 6 FEBRUARY 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the first 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 1818 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZGBY

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: MOORE J

DATE: 6 FEBRUARY 2006

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an appeal from a judgment of the Federal Magistrates Court of 22 September 2005 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal"). On 11 April 2005 the Tribunal affirmed a decision of a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs ("the Minister") refusing to grant the appellant a protection visa.

Background 2 The appellant is a national of Nepal. He was detained on 8 February 2005 after having lived and worked illegally in Australia since the expiry of his 6 week visitor's visa in November 1991. After being detained, he lodged two protection visa applications with the Department of Immigration ("The Department") within a week, claiming to fear persecution for different reasons. First, because he was a Hindu who had married a Christian and then because he had married a woman of a lower caste.