Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZFLA v Minister for Immigration and Citizenship & Anor [2007] FCA 101
SZFLA v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1721 OF 2006
COWDROY J
12 FEBRUARY 2007
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1721 OF 2006
BETWEEN: SZFLA
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J DATE OF ORDER: 12 FEBRUARY 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the costs of the first respondent in the sum of $ 3400.00 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 1721 OF 2006
BETWEEN: SZFLA
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J
DATE: 12 FEBRUARY 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal from a decision of Federal Magistrate Driver of 22 August 2006 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') of 19 November 2004.The Tribunal had affirmed a decision of a delegate of the Minister for Immigration and Citizenship ('the Minister') to refuse to grant a Protection visa to the appellant. 2 The appellant, a citizen of the People's Republic of China ('the PRC') claimed to have a well-founded fear of persecution because he is a Falun Gong practitioner in the PRC and promoted Falun Gong to his family and friends. The appellant claimed that the PRC authorities began to investigate him in March 2004. 3 The appellant arrived in Australia on 3 May 2004 and on 27 May 2004 he lodged an application for a Protection Visa (Class XA) with the now Department of Immigration and Citizenship ('the Department'). On 21 June 2004 the Minister refused to grant the Protection visa and on 26 July 2004 the appellant applied for a review of the decision.
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