SZCXK v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 1019

FEDERAL COURT OF AUSTRALIA

SZCXK v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 1019 MIGRATION − protection visa − whether appellant's opposition to criminal activity gave rise to a well-founded fear of persecution for reasons of political opinion − material before the Tribunal did not articulate or clearly raise claim − appeal dismissed

C v Minister for Immigration and Multicultural Affairs (1999) 94 FCR 366 cited Canada (Attorney-General) v Ward [1993] 2 SCR 689 cited Minister for Immigration and Multicultural Affairs v Y (Unreported, Federal Court of Australia, Davies J, 15 May 1998) cited NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 cited Saliba v Minister for Immigration and Ethnic Affairs (1998) 89 FCR 38 cited V v Minister for Immigration and Multicultural Affairs (1999) 92 FCR 355 cited VAAC v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 129 FCR 168 cited G S Goodwin-Gill, The Refugee in International Law (2nd ed, 1996) SZCXK v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 2488 OF 2005

BENNETT J

25 JULY 2006

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2488 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZCXK

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: BENNETT J

DATE OF ORDER: 25 JULY 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application for leave to file an amended Notice of Appeal is dismissed. 2. The appeal is dismissed. 3. The appellant pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA