SZEIB v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1697

FEDERAL COURT OF AUSTRALIA

SZEIB v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1697 SZEIB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1457 OF 2005 GRAHAM J 17 NOVEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1457 OF 2005

BETWEEN: SZEIB

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: GRAHAM J

DATE OF ORDER: 17 NOVEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent Minister'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

NEW SOUTH WALES DISTRICT REGISTRY NSD 1457 OF 2005

BETWEEN: SZEIB

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: GRAHAM J

DATE: 17 NOVEMBER 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 What is presently before the Court is an appeal from a decision of a Federal Magistrate handed down on 5 August 2005. This appeal was listed for hearing before me at 2.15pm today. The Appellant has not appeared. Her name has been called three times outside the court, or more accurately the name by which she is known for the purpose of these proceedings, namely SZEIB. Notwithstanding that her name has been called three times, she has not appeared. 2 The Appellant was born in Fujian in the People's Republic of China on 25 December 1962. On 17 October 2003, she secured a Chinese passport and on 17 February 2004 an Australian visitor's visa was issued to her in Guangzhou. 3 On 7 March 2004, she arrived in Australia. On 5 April 2004, she lodged an application for a Protection (Class XA) Visa which attached to it a two page typed document which recorded her husband's reasons as to why he should be afforded a protection visa. There are references in the annexure to "my wife and I" which I understand to be references to the Appellant and her husband. 4 On 15 April 2004, the Minister's delegate decided that the application for a protection visa should be refused. On 19 May 2004, the Appellant applied for a review of the Minister's delegate's decision to the Refugee Review Tribunal ("the Tribunal"). 5 In the application for review, the appellant provided the following reasons for her application: "I am from Long Tian Fu Qing and a member 'shouters'. The Chinese government banned 'Shouters' in 1996 because of its close relationship with overseas Churches. I was a key member of the church. Worrying about my safety I left China to come to Australia for protection. Some of the followers have been detained and were forced to disclose other followers's names. I would be subjected to persecution on my return to China. I hope that my application can be reconsidered at RRT."