Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZGVA v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 340
SZGVA v Minister for Immigration & Multicultural & Indigenous Affairs AND Refugee Review Tribunal NSD 547 OF 2006 JACOBSON J SYDNEY 30 MARCH 2006
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD547 OF 2006
BETWEEN: SZGVA
APPLICANT
AND: Minister for Immigration & Multicultural & Indigenous Affairs
FIRST RESPONDENT
Refugee Review Tribunal
SECOND RESPONDENT
JUDGE: Jacobson J
DATE OF ORDER: 30 March 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The applicant be granted an extension of time in which to file and serve a notice of appeal from the decision of Scarlett FM dated 18 October 2005. 2. The applicant file and sere the notice of appeal within seven (7) days of the making of these orders. 3. The hearing of the appeal is to be dealt with as a 'fast track' appeal and appropriate directions for the hearing of the appeal be made accordingly. 4. The costs in the application be costs in the appeal.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD547 OF 2006
BETWEEN: SZGVA
APPLICANT
AND: Minister for Immigration & Multicultural & Indigenous Affairs
FIRST RESPONDENT
Refugee Review Tribunal
SECOND RESPONDENT
JUDGE: Jacobson J
DATE: 30 March 2006
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an application for an extension of time in which to file and serve a notice of appeal from the judgment of Federal Magistrate Scarlett given on 18 October 2005. 2 His Honour dismissed an application for review of a decision of the Refugee Review Tribunal ("RRT") dated 4 March 1997. The RRT affirmed a decision of a delegate of the Minister not to grant a protection visa. The application for an extension of time was filed on 14 March 2006. 3 The only issue which may be arguable on an appeal is whether the RRT had before it a claim of persecution on religious grounds. The RRT dealt with the application upon the footing that the applicant claimed to fear persecution for reasons of his political opinion. The issue arises because in his statement of reasons for claiming refugee status the applicant said, inter alia: "My whole family believes in Catholicity. But in the rural areas of China, religious believers were attacked, it is not allow to have meetings, nor religious beliefs, we are forced to believe in communism. This violates severely the Universal Declaration of Human Rights of UN."
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