SBTD v Minister for Immigration and Citizenship [2007] FCA 2050

FEDERAL COURT OF AUSTRALIA

SBTD v Minister for Immigration and Citizenship [2007] FCA 2050

MIGRATION – Appeal from decision of Federal Magistrate – where appellant applicant for protection visa under s 65 Migration Act 1958 (Cth) – where delegate of first respondent refused application – where Tribunal affirmed decision of first respondent – where appellant sought constitutional writs under s 476 Migration Act 1958 (Cth) directed to Tribunal – where Federal Magistrate refused application – where appellant a national of Nigeria – where appellant convert from Islam to Christianity – where appellant alleged before Tribunal persecution by Jihadists acting at behest of appellant's uncle – where Tribunal rejected allegation – where appellant claimed to have modified his behaviour due to fear of persecution – where appellant put before Tribunal medical reports for purpose of responding to issues regarding credibility – whether Tribunal failed to consider a claim that appellant feared persecution as a convert irrespective of uncle's involvement – whether Tribunal erroneously considered appellant merely as a Christian rather than as a convert – whether Tribunal imposed requirement upon appellant that he modify his behaviour – whether Tribunal erred in not having regard to content of medical reports in considering relocation – whether Federal Magistrate erred in failing to find that Tribunal erred in these respects Held: Tribunal did not fail to consider whether appellant had a well-founded fear of persecution based on his conversion from Islam to Christianity – Tribunal did not overlook difference between a Christian and a convert – Tribunal did not impose requirement upon appellant that he modify his behaviour – relevance of medical reports to relocation not squarely raised before Tribunal – no error shown in decision of Federal Magistrate – appeal dismissed.