Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZJYP v Minister for Immigration & Citizenship [2008] FCA 761
Migration Act 1958 (Cth)
SZJYP v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 2533 of 2007
REEVES J
16 MAY 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2533 of 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZJYP
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: REEVES J
DATE OF ORDER: 16 MAY 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the first respondent's costs fixed in the sum of $ 2252.25. 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 2533 of 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZJYP
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: REEVES J
DATE: 16 MAY 2008
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal against a judgment of Federal Magistrate Lloyd-Jones dated 14 December 2007 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') handed down on 14 December 2006. The Tribunal had affirmed a decision of a delegate of the first respondent to refuse to grant a protection visa to the appellant.
PROCEDURAL HISTORY 2 The appellant is a citizen of Pakistan who arrived in Australia on 23 June 2006 on a business visa. On 7 July 2006, the appellant lodged an application for a protection visa (class XA). A delegate of the first respondent refused that application on 11 September 2006 and the appellant then applied to the Tribunal for a review of that decision. 3 The appellant originally claimed that he feared persecution in Pakistan due to his membership of the Pakistan Muslim League (Nawaz). However, the appellant gave evidence at his hearing before the Tribunal to the effect that these claims were invented by his former migration agent. He claimed instead that he feared arrest and possibly death in Pakistan as his brother had framed him on a charge of stealing money.
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