Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZJZO v Minister for Immigration and Citizenship [2007] FCA 1757
SZJZO v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD1086 OF 2007
COLLIER J
16 NOVEMBER 2007
BRISBANE (HEARD IN GRIFFITH) IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY NSD1086 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZJZO
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COLLIER J
DATE OF ORDER: 16 NOVEMBER 2007
WHERE MADE: BRISBANE (HEARD IN GRIFFITH)
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 NSD1086 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZJZO
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COLLIER J
DATE: 16 NOVEMBER 2007
PLACE: BRISBANE (HEARD IN GRIFFITH)
REASONS FOR JUDGMENT 1 This is an appeal against the decision of Smith FM delivered 29 May 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 arrived in Australia from Pakistan on 25 May 2006. On 21 June 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 27 July 2006. On the 22 August 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 as a result of his political opinion. The appellant claimed that he departed Pakistan because of his membership of an anti-government party, "Muslim League (Namaz Sharif Group)". The appellant claimed he was arrested in 1999 and imprisoned for one month before being released. He also claimed that he was harassed and arrested many more times subsequently. The appellant claimed that if he were to return to Pakistan he would be arrested by the government and beaten because his party manifesto contradicts that of the ruling party. The appellant claimed that the government would lodge false charges against him and he would be mentally and physically penalised.
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