SZAMU v Minister for Immigration and Multicultural and Indigenous Affairs

[2004] FCA 1111

FEDERAL COURT OF AUSTRALIA

SZAMU v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1111

SZAMU v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

N 952 of 2004

BRANSON J
24 AUGUST 2004
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 952 of 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	SZAMU APPELLANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	BRANSON J
DATE OF ORDER:	24 AUGUST 2004
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed. 

2.The appellant pay the respondent’s costs of this appeal.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 952 of 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	SZAMU APPELLANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	BRANSON J
DATE:	24 AUGUST 2004
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an appeal from a decision of the Federal Magistrates Court dated 27 May 2004.  On that day Raphael FM dismissed an application for judicial review of a decision of the Refugee Review Tribunal (‘the Tribunal’).  By its decision the Tribunal had refused the appellant a protection visa. 

2. As the learned Federal Magistrate rightly identified, the decision of the Tribunal was wholly based on the adverse view it took of the appellant’s credibility.  The appellant today has not sought to identify any error in the decision of the Federal Magistrate from which he has appealed.  Indeed, he has not sought to identify any error made by the Tribunal other than that, as he asserts, the Tribunal should have taken a different view of the merits of his application.

3. In my view the decision of the Federal Magistrate was the correct decision for the reasons that his Honour gave.  The appeal is dismissed.  The appellant is to pay the respondent’s costs of this appeal.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Branson.

Associate:
Dated:            26 August 2004

Counsel for the Appellant:	The Appellant appeared in person
Counsel for the Respondent:	A Markus
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	24 August 2004
Date of Judgment:	24 August 2004