SZDNF v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 378

FEDERAL COURT OF AUSTRALIA

SZDNF v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 378 SZDNF v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS NSD1767 OF 2004 EMMETT J 21 MARCH 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD1767 OF 2004

ON APPEAL FROM A JUDGEMENT OF THE FEDERAL MAGISTRATES COURT

BETWEEN: SZDNF

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 21 MARCH 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed pursuant to s25(2B)(bb)(ii). 2. The appellant pay the respondent's costs in the sum of $2,000. 3. The respondent inform the appellant of the terms of s 25(2B)(bc). 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 NSD1767 OF 2004

ON APPEAL FROM A JUDGEMENT OF THE FEDERAL MAGISTRATES COURT

BETWEEN: SZDNF

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: EMMETT J

DATE: 21 MARCH 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The appellant in this matter claims to be a citizen of the People's Republic of China. He arrived in Australia on 22 February 2003. On 3 March 2003 he lodged an application for a protection visa under the Migration Act 1958 (Cth) ('the Act'). On 20 June 2003, a delegate of the respondent, the Minister for Immigration and Multicultural and Indigenous Affairs ('the Minister'), refused to grant a protection visa. On 25 July 2003 the appellant applied to the Refugee Tribunal ('the Tribunal') for review of that decision. On 15 March 2004 the Tribunal affirmed the decision not to grant a protection visa. The reasons for that decision were published on 6 April 2004. 2 On 7 May 2004, the appellant filed an application to the Federal Magistrates Court seeking relief under s 39B of the Judiciary Act 1903 (Cth) in respect of the Tribunal's decision. The application stated that the appellant was notified of the Tribunal's decision on 15 April 2004. The grounds of the application were: '(1) I fear persecution for reason of membership of a particular social group, Falun Gong;