SZHSI v Minister for Immigration and Citizenship [2007] FCA 791

FEDERAL COURT OF AUSTRALIA

SZHSI v Minister for Immigration and Citizenship [2007] FCA 791 SZHSI v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD536 OF 2007

COLLIER J

23 MAY 2007

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

QUEENSLAND DISTRICT REGISTRY NSD536 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZHSI

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COLLIER J DATE OF ORDER: 23 MAY 2007

WHERE MADE: BRISBANE (HEARD IN SYDNEY)

THE COURT ORDERS THAT:

1. 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 NSD536 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZHSI

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COLLIER J

DATE: 23 MAY 2007

PLACE: BRISBANE (HEARD IN SYDNEY)

REASONS FOR JUDGMENT 1 This is an appeal from the decision of Driver FM of 12 March 2007 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") dated 29 September 2005 handed down 20 October 2005. The Tribunal had affirmed a decision of a delegate of the first respondent to refuse to grant a protection visa to the appellant.

Background 2 The appellant is a citizen of the People's Republic of China ("the PRC") who arrived in Australia on 13 February 2005. On 11 March 2005 the appellant lodged an application for a protection visa with the Department of Immigration and Citizenship. A delegate of the first respondent refused the application for a protection visa on 18 June 2005. On 12 July 2005 the appellant applied to the Tribunal for a review of that decision. 3 The appellant appeared before the Tribunal to give oral evidence, assisted by a Mandarin interpreter. He claimed to have been a Falun Gong practitioner in the PRC who commenced practice after injuring himself at work. The appellant claimed that after the government crackdown in 1999 he was practicing Falun Gong in the park with his group and he was arrested and detained. He claimed he was sentenced to two years in gaol where he was subject to re-education. The appellant claimed that he was released after two years however he could not find employment and was subject to frequent checks by the authorities. The appellant claimed that he departed the PRC with the assistance of a friend and continued his practice of Falun Gong in Australia.