Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZIPL v Minister for Immigration and Citizenship [2009] FCA 1405
SZIPL v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 811 of 2009
COWDROY J
30 NOVEMBER 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
General division NSD 811 of 2009
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZIPL
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J
DATE OF ORDER: 30 NOVEMBER 2009
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. 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
General division NSD 811 of 2009
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZIPL
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J
DATE: 30 NOVEMBER 2009
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The appellant appeals from the decision of Federal Magistrate Driver delivered on 24 July 2009 which dismissed an application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') handed down on 27 September 2007. The Tribunal's decision affirmed the decision of a delegate of the Minister for Immigration and Citizenship ('the Minister') to refuse to grant a Protection (Class XA) visa to the appellant.
APPLICATION FOR A PROTECTION VISA 2 On 23 September 2005 the appellant lodged an application for a protection visa with the Department of Immigration and Citizenship. In her visa application the appellant listed her citizenship as 'Syrian'; stated that she had no other citizenship; and stated that her place of birth was Syria. The appellant claimed to have a well-founded fear of persecution in that country. She claimed that her mother was an Iraqi national and her step-father (who was later found to be her father) and her two brothers were Syrian.She described how her family had fled from Syria to Iraq when she was a baby; that she had grown up and been educated in Iraq; that the family had fled from Iraq back to Syria in 1994; and that she had suffered discrimination in Syria as a result of her Christian religion, her Iraqi background and suspected affiliation with the Iraqi Baath Party. 3 A delegate of the Minister refused the application for a protection visa on 16 November 2005.
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