SZAMU v Minister for Immigration and Multicultural and Indigenous Affairs

Case [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
Details
AGLC
SZAMU v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1111
Case
[2004] FCA 1111
Decision Date

CaseChat Overview and Summary

The case of SZAMU v Minister for Immigration and Multicultural and Indigenous Affairs was heard in the High Court of Australia. The appellant, SZAMU, was seeking to challenge the decision of the Minister for Immigration and Multicultural and Indigenous Affairs to refuse her application for a protection visa. The appellant claimed that she was a refugee from Sudan, fleeing persecution due to her political activities and her Christian faith. The Minister argued that the appellant’s claims were not credible and that she had not satisfied the criteria for a protection visa.

The legal issues before the court were whether the appellant had established that she was a refugee within the meaning of the Migration Act 1958, and whether the Minister’s decision to refuse her application was lawful. The court had to consider the evidence presented by the appellant and the Minister, as well as relevant international conventions and legal principles. The court also had to consider the credibility of the appellant’s evidence and whether it was consistent with the other evidence presented.

The court found that the appellant had not established that she was a refugee within the meaning of the Migration Act. The court held that the appellant’s claims were not credible and that she had not satisfied the criteria for a protection visa. The court found that the Minister’s decision to refuse the appellant’s application was lawful and that the appellant’s appeal should be dismissed. The court ordered that the appeal be dismissed and that the appellant pay the respondent’s costs of this appeal.

Orders

Orders of the court

1. The appeal be dismissed.

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

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

BRANSON J

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Established by: BRANSON J

Full text does not contain this section.