Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZGNI v Minister for Immigration and Citizenship [2007] FCA 149 SZGNI v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 2299 OF 2006
KENNY J
20 FEBRUARY 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2299 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZGNI
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: KENNY J DATE OF ORDER: 20 FEBRUARY 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the first respondent's costs of the appeal. 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 2299 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZGNI
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: KENNY J
DATE: 20 FEBRUARY 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT
Background 1 The appellant is a citizen of the People's Republic of China. She arrived in Australian on 26 October 2004. In November 2004, she lodged an application for a protection visa with the first respondent's Department. The appellant claimed to fear persecution in China by reason of her membership of Falun Gong. 2 On 12 January 2005, a delegate of the first respondent refused to grant a protection visa to the appellant. On 11 February 2005, the appellant applied to the Refugee Review Tribunal for review of the delegate's decision. 3 On 9 March 2005, the Tribunal wrote to the appellant inviting her to give oral evidence at a hearing to be held on 22 April 2005. The appellant did not attend the hearing, and the Tribunal proceeded to make a decision, in accordance with s 426A of the Migration Act 1958 (Cth), in this case affirming the delegate's decision. 4 On 15 June 2005, the appellant filed an application in the Federal Magistrates Court seeking judicial review of the decision of the Tribunal. A Federal Magistrate heard the matter on 1 November 2006 and dismissed the application. The appellant appeals from this decision.
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