SZEYF v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] FCA 1717

FEDERAL COURT OF AUSTRALIA

SZEYF v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1717

MIGRATION – appeal from the Federal Magistrates Court – no error of law or principle

SZEYF v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

NSD1741 OF 2005

TAMBERLIN J
SYDNEY
25 NOVEMBER 2005

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1741 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

BETWEEN:	SZEYF APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	TAMBERLIN J
DATE OF ORDER:	25 NOVEMBER 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.        The appeal is dismissed.

2.        Costs are assessed and taxed in the amount of $1,500.00.

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 1741 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

BETWEEN:	SZEYF APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	TAMBERLIN J
DATE:	25 NOVEMBER 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an appeal from a decision of Federal Magistrate Lloyd-Jones delivered on 31 August 2005 affirming a decision of the Refugee Review Tribunal made on 26 May 2004 to refuse a protection visa to the appellant. 

2. The appellant’s claim is based on his practice of Falun Gong.  In his original claim and later statements, the appellant says that he was punished as a result of his practising and protest in relation to that movement and advocating the beliefs of that movement.

3. The appellant has furnished very little information apart from statements to the Tribunal and to the Department which are assertions and are unsupported by any documentation or other evidence.  He did not appear before the Tribunal to advance his case in any way and, when the matter was called on for hearing before me this morning, he did not make any submissions to indicate any errors or omissions that would warrant the granting of judicial review or the setting aside or modification of the decision of the Tribunal.

4. I have been taken to the decision of the Tribunal and I can see no error in the reasoning of the Tribunal.  The approach taken is an orthodox one, having regard to the limited material that the Tribunal had before it.  It was a question of whether the Tribunal was satisfied that there was sufficient evidence that the appellant was entitled to protection under the Refugee Convention and Protocol.  After considering the material before it, the Tribunal decided that he did not satisfy the requirements to achieve refugee status.

5. The appellant applied to the Federal Magistrates Court for judicial review.  The Federal Magistrate carefully considered the grounds that had been asserted by the appellant as a basis for judicial review and rejected these grounds.  I can see no error of principle or law in the decision of the Federal Magistrate. 

6. The appellant then appealed to this Court.  The notice of appeal does not indicate any substantial ground of.  An affidavit was filed on 20 September 2005 which simply asserts what had been said below in lesser detail. 

7. In all the circumstances, I am not persuaded that the decision of either the Tribunal or the Federal Magistrate ought to be modified.  Accordingly, I dismiss the appeal.  I order that the costs of the appeal be assessed and taxed in the amount of $1,500.00.

I certify that the preceding seven (7) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin.

Associate:

Dated:            7 December 2005

The Appellant appeared in person with the assistance of an interpreter.
Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	25 November 2005
Date of Judgment:	25 November 2005