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

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

THE COURT ORDERS THAT:

1.                  The appeal be dismissed. 

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

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

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.

Associate:

Dated:              26 August 2004