MZXJO v Minister for Immigration and Citizenship [2007] FCA 1156

FEDERAL COURT OF AUSTRALIA

MZXJO v Minister for Immigration and Citizenship [2007] FCA 1156 MZXJO v MINISTER FOR IMMIGRATION & CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL VID 475 OF 2007

TRACEY J

6 AUGUST 2007

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 475 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MZXJO

Appellant

AND: MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: TRACEY J

DATE OF ORDER: 6 AUGUST 2007

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The appeal be dismissed with costs fixed at $2,000.00. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 475 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MZXJO

Appellant

AND: MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: TRACEY J

DATE: 6 AUGUST 2007

PLACE: MELBOURNE

REASONS FOR JUDGMENT BACKGROUND 1 This is an appeal against a judgment of a Federal Magistrate dated 22 May 2007, dismissing an application for review of a decision of the Refugee Review Tribunal ("the Tribunal") dated 9 March 2006: see [2007] FMCA 760. The Tribunal had affirmed a decision of a delegate of the first respondent ("the delegate") to refuse to grant the appellant a protection visa. 2 The appellant is a citizen of Sri Lanka who arrived in Australia on 30 August 2005. He entered on a tourist visa. On 13 October 2005, the appellant applied for a protection visa claiming that he feared persecution from political opponents as a result of his active role as an independent candidate and supporter of the United National Party ("the UNP"). The appellant claimed that following the UNP's election loss to the People's Alliance ("the PA") he was threatened and pursued by supporters of the PA, forcing him to flee his home. Upon returning 18 months later, the appellant claimed that he was still the subject of threats from PA supporters, and local authorities refused to offer protection. The appellant then decided to leave Sri Lanka. 3 In refusing the visa application, the delegate said: "Despite the applicant standing for election in the 2001 and 2004 elections the number of votes he received indicates to me that he is a grass level supporter of the UNP. He may have worked as a volunteer for the UNP during the 2001 and 2004 elections, but I do not accept that he has a significant profile to be of interest to any other political party. However, if he did face any harassment or threats he could seek the assistance of the State."