Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZCVC v Minister for Immigration & Multicultural Affairs [2006] FCA 1535
MIGRATION – appeal from federal magistrate – refusal to grant protection visa – where appellant a citizen of Nepal – whether a well-founded fear of persecution exists – whether mere demands would satisfy the definition of "serious harm" pursuant to s 91R of the Migration Act 1958 (Cth) – whether federal magistrate erred in finding that the Refugee Review Tribunal was not obliged to consider relocation where it was held there was no well-founded fear of persecution
Migration Act 1958 (Cth) s 91R
SZCVC v Minister for Immigration, Multicultural and Indigenous Affairs [2006] FMCA 701 affirmed SZCVC v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 1031 OF 2006
DOWSETT J
21 nOVEMBER 2006
BRISBANE VIA VIDEO-LINK TO SYDNEY (HEARD IN SYDNEY) IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1031 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZCVC
Appellant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: DOWSETT J DATE OF ORDER: 21 NOVEMBER 2006
WHERE MADE: BRISBANE VIA VIDEO-LINK TO SYDNEY
(HEARD IN SYDNEY)
THE COURT ORDERS THAT:
1. The appeal be dismissed. 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 1031 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZCVC
Appellant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: DOWSETT J
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