SZINJ v Minister for Immigration and Citizenship [2007] FCA 1742

FEDERAL COURT OF AUSTRALIA

SZINJ v Minister for Immigration and Citizenship [2007] FCA 1742

SZINJ v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD1667 OF 2007

COLLIER J

14 NOVEMBER 2007

BRISBANE (HEARD IN SYDNEY) IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY NSD1667 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZINJ

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COLLIER J DATE OF ORDER: 14 NOVEMBER 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 NSD1667 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZINJ

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COLLIER J

DATE: 14 NOVEMBER 2007

PLACE: BRISBANE (HEARD IN SYDNEY)

REASONS FOR JUDGMENT 1 This is an appeal from the decision of Nicholls FM of 7 August 2007dismissing an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") dated 30 January 2006. The Tribunal had affirmed a decision of a delegate of the first respondent to refuse to grant a protection visa to the appellant. 2 The appellant is a citizen of Pakistan who arrived in Australia on 25 July 2005. On 8 September 2005 the appellant lodged an application for a protection visa with the then Department of Immigration and Multicultural Affairs. On 14 September 2005 a delegate of the first respondent refused the application for a protection visa. On 17 October 2005 the appellant applied to the Tribunal for a review of that decision. On 30 January 2006 the Tribunal affirmed the decision of a delegate of the first respondent to refuse to grant a protection visa to the appellant. 3 The appellant claimed to have well-founded fear of persecution because of his political opinion. The appellant claimed he had been a member of the Pakistan People's Party (PPP) since 1991 and was the "Sector in charge of PPP" for his local area. He claimed he was opposed mainly by the Pakistan Muslim League (PML) who continually suppressed supporters of the PPP. He claimed that under this political climate he was frightened for his life. He claimed that false allegations were filed by the police and PML against him and some of his followers, alleging they were organising an attack against the PML. The appellant claimed that he was arrested on 9 June 2004 and detained for a month, for plotting to disrupt a rally organised by the PML. The appellant also indicated that he had beaten a PML member who had spied on him and was fearful of revenge from the PML. He stated that the police and PML searched his home on several occasions, and as a result he left his local area and remained hidden before leaving for Australia.