Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZHMJ v Minister for Immigration and Citizenship & Another [2007] FCA 102 SZHMJ v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1910 OF 2006
COWDROY J
12 FEBRUARY 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1910 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZHMJ
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 $2800. 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 1910 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZHMJ
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 The appellant appeals from the judgment of Scarlett FM delivered on 13 September 2006 which dismisses an application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') of 13 September 2005 handed down on 4 October 2005. 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 is a citizen of the People's Republic of China (the 'PRC'). Before the Tribunal the appellant claimed to have a well founded fear of persecution as he is a Falun Gong practitioner in the PRC. The appellant claimed to have been a Falun Gong practitioner since 1997. He claimed that he had been arrested and detained for questioning for one day in 1999; for a period of four days in October 2000; and on numerous subsequent occasions. The appellant claimed that as a consequence of his Falun Gong practice he was adversely forced into employment on a casual basis.
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