Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZHMA v Minister for Immigration and Citizenship [2007] FCA 1106
Migration Act 1958 (Cth) s 424A
SZHMA v Minister for Immigration and Citizenship [2007] FMCA 370 SZHMA v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 609 OF 2007
HEEREY J
30 JULY 2007
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 609 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZHMA
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: HEEREY J DATE OF ORDER: 30 JULY 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The applicant pay the first respondent's costs. 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 609 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZHMA
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: HEEREY J
DATE: 30 JULY 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal against a decision of a Federal Magistrate who dismissed an application for review of a decision of the Refugee Review Tribunal. The Tribunal affirmed a decision of a delegate of the Minister for Immigration and Citizenship to refuse the appellant a protection visa. Details of the appellant's application, the decision of the Tribunal and the reasons of the Federal Magistrate set out in the Federal Magistrate's decision, SZHMA v Minister for Immigration and Citizenship [2007] FMCA 370, which is available on the internet. 2 The appellant is a citizen of the People's Republic of China. She claimed to have a well‑founded fear of persecution as a Falun Gong practitioner and fears facing gaol and possibly torture on her return to China. She claimed to have been dismissed from employment at a steel factory in 1993 and lived off her husband's income. She claimed to have started practising Falun Gong in 1998.
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