Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZMKE v Minister for Immigration and Citizenship [2009] FCA 128
SZMKE v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 1783 of 2008
SIOPIS J
20 FEBRUARY 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1783 OF 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZMKE
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: SIOPIS J
DATE OF ORDER: 20 FEBRUARY 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal is dismissed. 2. The appellant pay the first respondent's costs to be taxed or agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1783 OF 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZMKE
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: SIOPIS J
DATE: 20 FEBRUARY 2008
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The appellant is a citizen of Pakistan who arrived in Australia on 25 October 2007. On 5 December 2007, the appellant lodged an application for a protection visa with the Department of Immigration and Citizenship. A delegate of the first respondent refused the application for a protection visa on 28 December 2007. On 29 January 2008, the appellant applied to the Refugee Review Tribunal (the Tribunal) for a review of that decision. The Tribunal affirmed the decision of the delegate. The appellant then applied for judicial review of the Tribunal's decision in the Federal Magistrates Court. That application was dismissed. The appellant has appealed against that decision to this Court. 2 In his written application for a protection visa, the appellant claimed that he is a Muslim from a religious family and was associated with the TNFJ Political Party. He claimed that he would be killed by the Sunni extremist party, the SSP, should he return to Pakistan. He claimed that he was followed by the SSP on numerous occasions and that he was bashed and badly beaten by the group. He claimed that both his father and his two brothers were killed by the SSP. He stated that the SSP attacked his mosque with bombs and firearms. He claimed that he survived, and decided to leave for Thailand and worked for a firm there, and through that work he visited many countries. He felt he was not safe in Thailand as the SSP knew he was residing there so he came to Australia.
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