SZIXB V Minister for Immigration and Citizenship and Another [2007] FCA 119

FEDERAL COURT OF AUSTRALIA

SZIXB V Minister for Immigration and Citizenship and Another [2007] FCA 119 SZIXB v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL 1732 OF 2006

COWDROY J

15 FEBRUARY 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY 1732 OF 2006

BETWEEN: SZIXB

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COWDROY J DATE OF ORDER: 15 FEBRUARY 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for leave to appeal be dismissed pursuant to Order 35A Rule 3(1)(a) of the Federal Court Rules. 2. The applicant pay the costs of the First Respondent in the sum of $1000 pursuant to Order 62 Rule 4(2)(c) of the Federal Court Rules. 3. The name of the First Respondent be amended to 'Minister for Immigration and Citizenship'. 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 1732 OF 2006

BETWEEN: SZIXB

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COWDROY J

DATE: 15 FEBRUARY 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an application for leave to appeal from a decision of Federal Magistrate Driver delivered on21 August 2006. The application before Driver FM sought judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') of 12 April 2006 handed down on 9 May 2006 refusing to grant a Protection visa to the applicant. 2 The applicant did not appear at the hearing. The Minister has made application for dismissal of the proceedings pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth). This subsection is applicable to dismissal of an appeal. Since the proceedings presently before the Court comprise an application for leave, it is appropriate that the proceedings be dismissed pursuant to Order 35A Rule 3(1)(a) of the Federal Court Rules. Before doing so however the Court will consider the applicant's claims. 3 The applicant is a citizen of the People's Republic of China ('the PRC') who claimed fear of persecution by reason of her adherence to Falun Gong. The applicant claimed she had been a Falun Gong practitioner since 2002, after being introduced to it by her cousin who was subsequently arrested and sentenced. The applicant claimed she distributed literature and set up a study group. The applicant claimed that whilst she was practising the police searched and arrested her along with other practitioners. The applicant claims after her arrest she was detained for two weeks and brutalised by the Public Security Bureau ('PSB') and upon her release was warned to cease her practice of Falun Gong. The applicant claims she subsequently moved to Australia and continued to practise Falun Gong. 4 The Minister refused the applicant's application for a protection visa on 23 January 2006. On 27 February 2006 the applicant applied to the Tribunal for a review of that decision. On 8 March 2006 the Tribunal sent the applicant a hearing invitation. No reply was received to the hearing invitation and the applicant failed to attend the hearing.