SZIFG v Minister for Immigration and Citizenship

[2007] FCA 744

FEDERAL COURT OF AUSTRALIA

SZIFG v Minister for Immigration and Citizenship [2007] FCA 744

SZIFG v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 344 OF 2007

SPENDER ACJ
10 MAY 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 344 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZIFG
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	SPENDER ACJ
DATE OF ORDER:	10 MAY 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed.

2.The appellant pay the costs of the first respondent, fixed in the sum of $2,500.

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 344 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZIFG
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	SPENDER ACJ
DATE:	10 MAY 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. The appellant is a Catholic from Palestine who arrived in Australia on 4 July 2005.  He applied for a Protection Visa on 11 August 2005, and this was refused by a delegate of the Minister on 6 September 2005. 

2. On 13 September 2005, he applied to the Refugee Review Tribunal (the Tribunal) for a review of that decision and, by a decision of 12 December 2005, the Tribunal rejected his application.  He then appealed to the Federal Magistrates Court on 27 January 2006 and by a decision of Smith FM on 15 February 2007 the Federal Magistrate found that there was no jurisdictional error which affected the decision of the Tribunal. 

3. His appeal to the Federal Court of Australia is on the following grounds: (in para 2 of Notice of Appeal filed 8 March 2007):

   The Refugee Review Tribunal (the Tribunal) failed to consider the harm from the “Al Aqsa” Martyrs Brigade, which is one of the Palestinian Muslim Terrorist Organisations.  The harm and persecution against the appellant as a Christian in Al Zababde where there were only five Christian families out of approximately 3000 people and the Rebels attacked the Christian youth in front of the Church.  The Tribunal relied on independent evidence which does not apply to the particular circumstances of the applicant who belonged to a minority in the area and the danger he confronted because he is Christian and, in particular, from a social group as a well established Christian family.

4. When this appeal was heard this morning, the appellant adopted the submissions which had been made by his brother in his brother’s appeal. I have set out those submissions in my reasons for judgment in respect of the brother’s appeal ([2007] FCA 745) and I need not repeat them here. For the reasons which I indicated in the brother’s appeal, essentially the appellant is seeking this Court to undertake a review of the merits of his application. This is something that the Federal Court cannot do.

5. Nothing in any of the material, all of which I have read, suggests that there was any jurisdictional error tainting the process or decision of the Tribunal. 

6. For these reasons, it is necessary that the court order that the appellant’s appeal be dismissed.

7. The order of the court in this appeal is that the appeal is dismissed with costs, which I fix in the sum of $2,500. 

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

Associate:

Dated:        16 May 2007

The Appellant appeared in person:
Counsel for the Respondent:	Stephen Lloyd
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	10 May 2007
Date of Judgment:	10 May 2007