Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZJCB v Minister for Immigration and Citizenship [2007] FCA 150
SZJCB v MINISTER FOR IMMIGRATION AND citizenship AND REFUGEE REVIEW TRIBUNAL NSD 2326 OF 2006
KENNY J
20 FEBRUARY 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2326 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZJCB
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 fixed in the amount of $3,200. 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 2326 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZJCB
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 25 December 2005. On 30 December 2005, 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 17 February 2006, a delegate of the first respondent refused to grant a protection visa to the appellant. On 24 March 2006, the appellant applied to the Refugee Review Tribunal for review of the delegate's decision. 3 On 13 April 2006, the Tribunal wrote to the appellant inviting her to give oral evidence at a hearing on 12 May 2006. The appellant appeared at that hearing and gave evidence. On 26 May 2006, the Tribunal affirmed the delegate's decision, which was handed down on 15 June 2006. 4 On 21 July the appellant lodged an application for judicial review in the Federal Magistrates Court. On 14 September July 2006, the appellant filed an amended application. A Federal Magistrate heard the application on 7 November 2006 and delivered judgment on the same day dismissing the application. The appellant appeals from that decision.
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