MZXDI v Minister for Immigration and Citizenship [2007] FCA 1782

FEDERAL COURT OF AUSTRALIA

MZXDI v Minister for Immigration and Citizenship [2007] FCA 1782

MZXDI, MZXDJ, MZXDK, MZXDL, MZXDM, MZXDN AND MZXDO v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL VID 677 OF 2007

MIDDLETON J

7 NOVEMBER 2007

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 677 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MZXDI

First Appellant

MZXDJ

Second Appellant

MZXDK

Third Appellant

MZXDL

Fourth Appellant

MZXDM

Fifth Appellant

MZXDN

Sixth Appellant

MZXDO

Seventh Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: MIDDLETON J DATE OF ORDER: 7 NOVEMBER 2007

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The appeal be dismissed with costs. 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 677 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MZXDI

First Appellant

MZXDJ

Second Appellant

MZXDK

Third Appellant

MZXDL

Fourth Appellant

MZXDM

Fifth Appellant

MZXDN

Sixth Appellant

MZXDO

Seventh Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: MIDDLETON J

DATE: 7 NOVEMBER 2007

PLACE: MELBOURNE

REASONS FOR JUDGMENT

BACKGROUND 1 This is an appeal against a judgment of a Federal Magistrate delivered on 12 July 2007, dismissing a claim for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') dated 16 October 2006. The Tribunal had affirmed a decision of a delegate of the first respondent ('the delegate') to refuse to grant the appellants a protection visa. 2 The first appellant has made the original claims under the Refugees Convention, with the remaining appellants (the first appellant's two wives and four children) included in that application. The appellants are citizens of Sri Lanka of Islamic faith, and first entered Australia on 14 December 2004 as holders of short stay tourist visas. 3 In applying for a protection visa on 25 January 2005, the first appellant (hereafter referred to as 'the appellant') claims to have a well-founded fear of persecution as a Muslim in Sri Lanka. In particular, the appellant asserts that he has been politically active within the United National Party ('the UNP') and the Sri Lankan Muslim Congress ('the SLMC'). It is alleged that these associations have resulted in the appellant becoming a target for supporters of a rival political group, the Janatha Vimukthi Peramuna ('the JVP'). The decision to refuse the protection visas was made on 15 June 2005.