Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZHYM v Minister for Immigration and Citizenship [2007] FCA 869 SZHYM v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 349 OF 2007
MANSFIELD J
13 JUNE 2007
ADELAIDE (VIA VIDEO LINK TO SYDNEY) IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 349 OF 2007
BETWEEN: SZHYM
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MANSFIELD J DATE OF ORDER: 13 JUNE 2007
WHERE MADE: ADELAIDE (VIA VIDEO LINK TO 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 349 OF 2007
BETWEEN: SZHYM
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MANSFIELD J
DATE: 13 JUNE 2007
PLACE: ADELAIDE (VIA VIDEO LINK TO SYDNEY)
REASONS FOR JUDGMENT
INTRODUCTION 1 The appellant appeals from a decision of a Federal Magistrate of 16 February 2007 dismissing an application for judicial review of a decision of the Refugee Review Tribunal handed down on 1 December 2005. The Tribunal affirmed a decision of a delegate of the first respondent refusing to grant the appellant a protection visa for which he had applied on 7 July 2005 under the Migration Act 1958 (Cth) (the Act), soon after he arrived in Australia. 2 The appellant is a national of Bangladesh. He arrived in Australia on 1 July 2005, travelling on a Subclass 676 Visitor visa granted on 5 April 2005. He applied for a protection visa on 7 July 2005. He claimed to have a well-founded fear of persecution if he were to return to Bangladesh by reason of his conversion to the Ahmadi faith as Sunni Muslims would abuse and assault him by reason of his religion. The Ahmadi faith is apparently the Ahmadiyya sect of the Muslim religion.
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