SZGXA v Minister for Immigration and Citizenship [2007] FCA 777

FEDERAL COURT OF AUSTRALIA

SZGXA v Minister for Immigration and Citizenship [2007] FCA 777 SZGXA v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD296 OF 2007

COLLIER J

21 MAY 2007

BRISBANE (HEARD IN SYDNEY) IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY NSD296 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZGXA

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COLLIER J DATE OF ORDER: 21 MAY 2007

WHERE MADE: BRISBANE (HEARD IN SYDNEY)

THE COURT ORDERS THAT:

1. The Refugee Review Tribunal be joined as a second respondent. 2. The appeal be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY NSD296 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZGXA

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COLLIER J

DATE: 21 MAY 2007

PLACE: BRISBANE (HEARD IN SYDNEY)

REASONS FOR JUDGMENT 1 This is an appeal against a judgment of Emmett FM of 14 February 2007 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") of 21 June 2005 and handed down on 12 July 2005. The Tribunal had affirmed a decision of a delegate of the Minister for Immigration and Citizenship to refuse grant of a protection visa to the appellant.

Background 2 The appellant is a citizen of the People's Republic of China ("PRC") who arrived in Australia on 28 November 2004 and lodged an application on 2 December 2004 for a protection visa. 3 In his application for a protection visa the appellant claimed to have a well-founded fear of persecution owing to his practice of Falun Gong. The appellant claimed that he had been a Falun Gong practitioner in the PRC since 1997. He claimed to have gone to Beijing to support other members and conducted demonstrations and petitions but he was not arrested although others with him were. The appellant claimed he practiced Falun Gong in secret. He claimed that at the end of 2003 members of his factory were detained for their Falun Gong practice and police began to investigate him. 4 On 27 January 2005 a delegate of the first respondent refused the appellant's application for a protection visa. On 2 March 2005 the appellant applied to the Tribunal for a review of that decision.