SBTC v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 260

FEDERAL COURT OF AUSTRALIA

SBTC v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 260 SBTC v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS No SAD 244 of 2005 FINN J ADELAIDE 20 MARCH 2006

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 444 OF 2005

BETWEEN: SBTC

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: FINN J

DATE OF ORDER: 20 MARCH 2006

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 444 OF 2005

BETWEEN: SBTC

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: FINN J

DATE: 20 MARCH 2006

PLACE: ADELAIDE

REASONS FOR JUDGMENT 1 The applicant who is a litigant in person and who claims to be a citizen of the Peoples Republic of China ("the PRC") seeks judicial review of a decision of the Refugee Review Tribunal refusing to grant her application for a protection visa.

THE TRIBUNAL'S DECISION 2 By way of background, I would note that the applicant, a female, comes from a rural district of Fujian province. She has four children, three of whom are "black children" born in breach of the PRC's Family Planning Law. Those children and her husband are still in China. Her husband, apparently, is unable to work on their farm and the applicant is, in this country, a means of the family's support. The Tribunal classified and dealt with separately each of the claims advanced by the applicant. I will deal with its reasons in the same sequence the Tribunal did.