SZBQJ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 143

FEDERAL COURT OF AUSTRALIA

SZBQJ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 143 IMMIGRATION – refugees – appeal from decision of Refugee Review Tribunal – application on behalf of minor by her next friend for protection visa – application refused – membership of a particular social group – one child policy of Peoples Republic of China –finding of fact by Refugee Review Tribunal that financial burden incurred by parents of unregistered children did not amount to persecution – application of Chen Shi Hai v Minister for Immigration and Multicultural Affairs (2000) 201 CLR 293 Migration Act 1958 (Cth), ss 36, 91R

Convention on the Rights of the Child. 20 November 1989. 1577 UNTS 3 (entered into force 2 September 1990)

Singh v Commonwealth of Australia (2004) 209 ALR 355 cited Chen Shi Hai v Minister for Immigration and Multicultural Affairs (2000) 201 CLR 293 applied Appellant A (1997) 190 CLR 225 cited Minister for Immigration and Multicultural Affairs v Ibrahim (2000) 204 CLR 1 cited

J Hathaway, Law of Refugee Status, Butterworths, Canada, 1991 SZBQJ V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1456 OF 2004 TAMBERLIN J SYDNEY 28 FEBRUARY 2005

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1456 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

BETWEEN: SZBQJ

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 28 FEBRUARY 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal is dismissed. 2. The appellant is to 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