Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZJDH v Minister for Immigration & Citizenship [2008] FCA 133 Applicant A v Minister for Immigration & Ethnic Affairs (1997) 190 CLR 225 cited Applicant S v Minister for Immigration & Multicultural Affairs (2004) 217 CLR 387 cited SZJDH v Minister for Immigration & Citizenship [2007] FMCA 1561 considered SZJDH v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1964 OF 2007
BENNETT J
20 FEBRUARY 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1964 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZJDH
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: BENNETT J
DATE OF ORDER: 20 FEBRUARY 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal is dismissed. 2. The appellant is to pay the first respondent's costs in the amount of $2,300.00. 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 1964 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZJDH
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: BENNETT J
DATE: 20 FEBRUARY 2008
PLACE: SYDNEY
REASONS FOR JUDGMENT
INTRODUCTION 1 The appellant is a citizen of Malaysia of Tamil ethnicity. The appellant applied for a Protection (Class XA) visa ('a protection visa'). His claims arose from his operation of a small business in Malaysia. In relation to the operation of that business, he obtained a number of loans from money lenders or loan sharks. As he was unable to pay his debts, the appellant was subjected to threats from the loan sharks. He claimed that the police were linked to the loan sharks and that he could not relocate within Malaysia as the loan sharks were everywhere. The Refugee Review Tribunal ('the Tribunal') affirmed a decision of the delegate of the Minister to refuse the appellant a protection visa.
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