SZHAU v Minister for Immigration & Multicultural Affairs [2006] FCA 345

FEDERAL COURT OF AUSTRALIA

SZHAU v Minister for Immigration & Multicultural Affairs [2006] FCA 345 SZHAU v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 2646 OF 2005 STONE J 4 APRIL 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2646 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZHAU

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT JUDGE: STONE J DATE OF ORDER: 4 APRIL 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed with 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 2646 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZHAU

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: STONE J

DATE: 4 APRIL 2006

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The appellant's application for a protection (Class XA) visa was rejected by a delegate of the first respondent and then by the Refugee Review Tribunal on 1 October 1998. Nearly seven years later, on 29 August 2005, the appellant filed an application for review of the Tribunal's decision in the Federal Magistrate's Court. Emmett FM dismissed the appellant's appeal and on 30 December 2005 the appellant filed a notice of appeal in this Court. 2 The appellant, a citizen of the People's Republic of China, claims to belong to the Han ethnic group and to be a Christian. She claims to fear persecution by the Government of the People's Republic of China on the basis of her religion, arising out of the Government's attempts to eradicate 'unauthorised Christian churches'.