SZGIO v Minister for Immigration and Citizenship [2007] FCA 160

FEDERAL COURT OF AUSTRALIA

SZGIO v Minister for Immigration and Citizenship [2007] FCA 160 SZGIO v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 2266 OF 2006

KENNY J

1 MARCH 2007

MELBOURNE (HEARD IN SYDNEY) IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2266 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZGIO

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: KENNY J DATE OF ORDER: 1 MARCH 2007

WHERE MADE: MELBOURNE (HEARD IN SYDNEY)

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the first 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

NEW SOUTH WALES DISTRICT REGISTRY NSD 2266 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZGIO

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: KENNY J

DATE: 1 MARCH 2007

PLACE: MELBOURNE (HEARD IN SYDNEY)

REASONS FOR JUDGMENT 1 On 10 December 2004, the appellant lodged an application for a protection visa with the first respondent's Department. On 14 December 2004, a delegate of the first respondent refused to grant a protection visa to the appellant. On 7 January 2004, the appellant applied to the Refugee Review Tribunal for review of the delegate's decision. The appellant claimed to have left Fiji because he has been the victim of racial abuse. The Tribunal found that the appellant was a citizen of Fiji and that he arrived in Australia on a visitor's visa in November 2004. 2 On 4 March 2005, the appellant and his sister (who was also an applicant before the Tribunal) appeared at a Tribunal hearing and gave evidence. The appellant's mother also gave evidence. On 17 March 2005, the appellant and his sister filed further material, including letters from one Taufiq Ali and Fauxmin Alia, and newspaper clippings. On 13 April 2005, the Tribunal sent a letter to the appellant and his sister notifying them of the Tribunal's decision to affirm the decision of the delegate because, based on the evidence, it was unable to be satisfied that he had a well-founded fear of persecution for a Convention reason. 3 On 19 May 2005, the appellant and his sister filed an application in the Federal Magistrates Court seeking judicial review of the decision of the Tribunal. The appellant's sister subsequently filed a notice of withdrawal from the proceedings. On 30 October 2006, the Federal Magistrate heard the application and delivered judgment on the same day dismissing the application. The appellant appeals from this decision.