NAXZ v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 343

FEDERAL COURT OF AUSTRALIA

NAXZ v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 343 NAXZ v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N1988 of 2003 MADGWICK J 16 MARCH 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1988 of 2003

BETWEEN: NAXZ

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MADGWICK J

DATE OF ORDER: 16 MARCH 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The proceeding are dismissed pursuant to O 20 r 2, with costs, assessed in the sum of $2,750.00. 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 N1988 of 2003

BETWEEN: NAXZ

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MADGWICK J

DATE: 16 MARCH 2003

PLACE: SYDNEY

REASONS FOR JUDGMENT HIS HONOUR: 1 This is an application by the respondent Minister that the principal proceeding instituted by the applicant be dismissed pursuant to O 20 r 2 of the Federal Court Rules as disclosing no reasonable cause of action. The applicant seeks review, purportedly under s 39B of the Judiciary Act 1903 (Cth) and referring to s 475A of the Migration Act 1958 (Cth) ('the Act'), of a decision of the Refugee Review Tribunal ('the Tribunal') made on 23 September 2003 affirming a decision of a delegate of the Minister to refuse the applicant a protection visa. 2 The applicant, a citizen of China, had arrived in Australia on 9 January 2002 on a temporary business visa issued a month earlier. Following the refusal by the Minister's delegate to grant a visa, the applicant applied to the Tribunal for review of that decision. The applicant's claims were that he was a practitioner and member of the Falun Gong movement and that he was dismissed from his job and tortured by the Public Security Bureau ('the PSB') for his adherence to the Falun Gong movement and/or for refusal to sufficiently inform on, or control, the behaviour of other Falun Gong practitioners under his supervision in a government office where he had a supervisory role.