SZGEU v Minister for Immigration & Citizenship [2007] FCA 261

FEDERAL COURT OF AUSTRALIA

SZGEU v Minister for Immigration & Citizenship [2007] FCA 261 SZGEU v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL NSD 2349 OF 2006

HEEREY J

26 FEBRUARY 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2349 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZGEU

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: HEEREY J DATE OF ORDER: 26 FEBRUARY 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: The appeal is dismissed with 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 2349 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZGEU

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: HEEREY J

DATE: 26 FEBRUARY 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The appellant, a citizen of Nepal, sought judicial review in the Federal Magistrates Court of a decision of the Refugee Review Tribunal refusing to grant her a protection visa. The applicant was refused by Scarlett FM: SZGEU v MIMIA (No 2) [2006] FMCA 1731. The appellant now appeals to this Court. 2 Before the Tribunal, the appellant claimed persecution by Nepalese authorities and the Maoists. She claimed that she was a teacher who refused to teach Maoist principles at school and consequently was threatened and harassed by the Maoists. She said that one night Maoists assaulted her and her family and abducted her husband who is still missing. The appellant reported this incident to the police, but she continued to be threatened by Maoists. She claimed the police refused to help her as they suspected her husband was working for the Maoists and she was suspected of being a Maoist supervisor.