SZACV v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 469

FEDERAL COURT OF AUSTRALIA

SZACV v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 469

MIGRATION – application for protection visa – applicant claiming to have a well-founded fear of persecution for reasons of his membership and practice of Falun Gong – Tribunal found that applicant could practise Falun Gong in his country of origin on a private basis – whether viability of private religious practice means appellant has no well-founded fear of persecution for reason of religion

Migration Act 1958 (Cth)

SZACV v Minister for Immigration [2003] FMCA 322 reversed S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 203 ALR 112; [2003] HCA 71 applied

SZACV v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 1129 OF 2003 GYLES J 22 APRIL 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1129 OF 2003

BETWEEN: SZACV

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: GYLES J

DATE OF ORDER: 22 APRIL 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The orders of the Federal Magistrates Court dated 8 August 2003 be set aside. 3. The appeal to the Federal Magistrates Court be allowed with costs. 4. The decision of the Refugee Review Tribunal be set aside. 5. The matter be remitted to the Refugee Review Tribunal to be heard and determined according to law. 6. The respondent pay the appellant's costs of the appeal and of the appeal to the Federal Magistrates Court.

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 N 1129 OF 2003

BETWEEN: SZACV

APPELLANT