Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZKFT v Minister for Immigration and Citizenship [2007] FCA 1854
SZKFT v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1276 OF 2007
MADGWICK J
13 NOVEMBER 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1276 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZKFT
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MADGWICK J
DATE OF ORDER: 13 NOVEMBER 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the costs of the first respondent assessed in the sum of $2,400. 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 1276 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZKFT
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MADGWICK J
DATE: 13 NOVEMBER 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal from a judgment of the Federal Magistrates Court whereby Federal Magistrate Cameron declined to give relief on an application for judicial review of a decision adverse to the appellant of the Refugee Review Tribunal ("the Tribunal"). 2 The appellant is a national of India who appears to have fallen foul of criminal elements. He complained to the police who warned him against proceeding with the complaint because of the possibility of reprisals by the criminals. He again tried to complain and his shop was burned down. He approached "the Home Minister" to complain about the lack of action by the police and a senior police officer then requested that he sign a statement saying that the fire at the shop was accidental. When he refused, he was beaten. He complained in writing about that to a senior police officer. He was again pressured not to proceed with that complaint and again harassed, apparently on a daily basis, by police. His claim was that, if he returned to India, he would be assassinated or framed on false allegations by the criminals who had originally maltreated him.
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