Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZJQW v Minister for Immigration and Citizenship [2007] FCA 805
SZJQW v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD539 OF 2007
COLLIER J
24 MAY 2007
BRISBANE (HEARD IN SYDNEY) IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY NSD539 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZJQW
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COLLIER J
DATE OF ORDER: 24 MAY 2007
WHERE MADE: BRISBANE (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
QUEENSLAND DISTRICT REGISTRY NSD539 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZJQW
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COLLIER J
DATE: 24 MAY 2007
PLACE: BRISBANE (HEARD IN SYDNEY)
REASONS FOR JUDGMENT 1 This is an appeal against the decision of Emmett FM delivered 12 March 2007 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal"). The Tribunal had affirmed a decision of a delegate of the first respondent to refuse to grant a protection visa to the appellant.
Background 2 The appellant is a citizen of Indonesia who arrived in Australia on 12 February 2006. On 22 March 2006 the appellant lodged an application for a protection visa with the Department of Immigration and Citizenship. A delegate of the first respondent refused the application for a protection visa on 13 June 2006. On 14 July 2006 the appellant applied to the Tribunal for a review of that decision. 3 In his application for a protection visa the appellant claimed to have well-founded fear of persecution. The appellant claimed that he grew up a Muslim and was persecuted by Indonesian authorities who he claimed were Christian and Catholic. The appellant claimed that in Jakarta, riots between Muslims and Christians are frequent with churches being burnt down and damaged. The appellant claimed that he was arrested by local police who threatened him and kicked him. The appellant claimed that he decided to come to Australia with his wife to seek protection.
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