SZJVS v Minister for Immigration and Citizenship [2008] FCA 848

FEDERAL COURT OF AUSTRALIA

SZJVS v Minister for Immigration and Citizenship [2008] FCA 848

NAVX v the Minister [2004] FCAFC 287 SZJVS v MINISTER FOR IMMIGRATION & CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

NSD 2538 of 2007

REEVES J

24 APRIL 2008

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2538 of 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZJVS

Appellant

AND: MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: REEVES J DATE OF ORDER: 24 APRIL 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 $3,000.00. 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 2538 of 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZJVS

Appellant

AND: MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: REEVES J

DATE: 24 APRIL 2008

PLACE: SYDNEY

REASONS FOR JUDGMENT

Introduction 1 The appellant is a citizen of Pakistan. He arrived in Australia during May of 2006 and applied for a protection visa (class XA) on 20 June 2006. In that application he relied upon a 'clear threat to his life and liberties' on return to Pakistan because of his political activities in that country. That application was rejected by a delegate of the Minister and the appellant has unsuccessfully sought review before the Refugee Review Tribunal ('the Tribunal'), the Federal Magistrates Court, and now this Court. For the reasons I am about to give, this Court must dismiss the appellant's appeal.