SZFJF v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] FCA 1536

FEDERAL COURT OF AUSTRALIA

SZFJF v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1536

MIGRATION – no point of principle

SZFJF v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 1909 OF 2005

MOORE J
31 OCTOBER 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD1909 OF 2005

BETWEEN:	SZFJF APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	MOORE J
DATE OF ORDER:	31 OCTOBER 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application for leave to appeal be dismissed.

2.The applicant pay the respondent's costs.

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	NSD1909 OF 2005

BETWEEN:	SZFJF APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	MOORE J
DATE:	31 OCTOBER 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application for leave to appeal against a judgment of the Federal Magistrate of 16 September 2005.  The applicant sought to challenge in the Federal Magistrates Court a decision of the Refugee Review Tribunal ("the Tribunal") of 1 November 2004. 

2. The applicant is an Indonesian national of Muslim faith.  He claimed to have a well founded fear of persecution, at the hands of Christian Catholics, were he to return to Indonesia.  The Tribunal did not accept that claim.  The applicant was unable to demonstrate jurisdictional error before the Federal Magistrate.  In those circumstances the Federal Magistrate dismissed the application summarily.

3. The applicant in this Court has not identified any arguable jurisdictional error on the part of the Tribunal.  Indeed, he candidly conceded that what he sought to achieve was an opportunity to remain in Australia for some further period of time.  I propose to dismiss the application for leave to appeal with costs.

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

Associate:

Dated:            16 November 2005

The Applicant appeared in person.
Solicitor for the Respondent:	Blake Dawson Waldron
Date of Hearing:	31 October 2005
Date of Judgment:	31 October 2005