SZIIW v Minister for Immigration and Citizenship [2007] FCA 657

FEDERAL COURT OF AUSTRALIA

SZIIW v Minister for Immigration and Citizenship [2007] FCA 657 SZIIW v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 41 OF 2007

STONE J

2 MAY 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 41 OF 2007

On appeal from the Federal Magistrates Court of Australia BETWEEN: SZIIW

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: STONE J DATE OF ORDER: 2 MAY 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The Minister for Immigration and Citizenship be substituted for the Minister for Immigration and Multicultural Affairs as the first respondent to the appeal. 2. The appeal be dismissed. 3. 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 41 OF 2007

On appeal from the Federal Magistrates Court of Australia BETWEEN: SZIIW

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: STONE J

DATE: 2 MAY 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The appellant, a citizen of the People's Republic of China, arrived in Australia on 21 July 2005 and lodged an application with the Department of Immigration and Multicultural and Indigenous Affairs on 18 August 2005. Her application was refused successively by a delegate of the first respondent and by the Refugee Review Tribunal. Her application for judicial review in the Federal Magistrates Court was dismissed on 22 December 2006. This is an appeal from that order.