Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZHPI v Minister for Immigration and Citizenship [2008] FCA 306
SZHPI v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1934 OF 2007
BRANSON J
11 MARCH 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1934 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZHPI
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: BRANSON J DATE OF ORDER: 11 MARCH 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the costs of the first respondent. 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 1934 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZHPI
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: BRANSON J
DATE: 11 MARCH 2008
PLACE: SYDNEY
REASONS FOR JUDGMENT
INTRODUCTION 1 The appellant claims to be entitled to a protection use under s 36 of the Migration Act 1958 (Cth) on the basis that he has a well-founded fear of persecution in Lebanon, his country of nationality, on the ground of religion and political opinion. He claims to be a Christian affiliated with the Church St George, Tripoli, North Lebanon and to have experienced a violent attack on his home by fanatic Islamic terrorists. 2 His claim was rejected by a delegate of the Minister and by the Refugee Review Tribunal ("the Tribunal"). The appellant gave evidence before the Tribunal. The Tribunal member regarded his evidence in important respects, namely his places of residence and employment in Lebanon, as "internally inconsistent, implausible, and so far fetched as to be fanciful". 3 The appellant unsuccessfully sought judicial review by the Federal Magistrates Court of the decision of the Tribunal.
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