SZIJC v Minister for Immigration and Citizenship [2007] FCA 690

FEDERAL COURT OF AUSTRALIA

SZIJC v Minister for Immigration and Citizenship [2007] FCA 690 SZIJC v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 85 OF 2007

BRANSON J

30 APRIL 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 273 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZIJC

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: BRANSON J DATE OF ORDER: 30 APRIL 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The name of the first respondent be changed to Minister for Immigration & Citizenship. 2. The appeal be dismissed. 3. The appellant pay the first respondent's costs fixed in the amount of $2 500.00. 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 273 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZIJC

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: BRANSON J

DATE: 30 APRIL 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT

Introduction 1 The appellant is a citizen of India who arrived in Australia on 1 August 2005 on a visitor's visa. Shortly thereafter, on 25 August 2005, he applied for a protection visa. A delegate of the then Minister for Immigration and Multicultural and Indigenous Affairs refused the application on 20 September 2005. This decision was affirmed by the Refugee Review Tribunal in January 2006. The appellant then applied to the Federal Magistrates Court for review of the Tribunal decision. On 22 December 2006 the learned Federal Magistrate dismissed the application for review. 2 The appellant claims that he fled India in fear after witnessing an incident in January 2005 where a policeman was shot and wounded. The appellant claims he was hired as a taxi driver to take three men to a nearby village. The appellant says he is unable to say precisely what happened but, after encountering a police roadblock on their journey, a shot was fired and a policeman was injured. The appellant claims he fled the scene and that he was later questioned and beaten by police who had taken him to the police station after coming to his home. He claims that some days later he was visited by two other men who threatened to kill him and his family if he were to assist the police with their investigation.