Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZIKZ v Minister for Immigration and Citizenship [2007] FCA 1107
Migration Act 1958 (Cth) s424A SZIKZ v Minister for Immigration & Anor [2007] FMCA 487 affirmed SZIKZ v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 560 OF 2007
HEEREY J
30 JULY 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 560 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZIKZ
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 Refugee Review Tribunal be joined as the second respondent. 2. The appeal be dismissed. 3. The appellant pay the first respondent's costs fixed at $2000. 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 560 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZIKZ
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 from a decision of a Federal Magistrate who dismissed an application for review of a decision of the Refugee Review Tribunal affirming a decision of a delegate of the Minister for Immigration and Citizenship to refuse the appellant a protection visa. Details of the appellant's visa application, the decision of the Tribunal and the reasons of the Federal Magistrate are set out in the decision of the Federal Magistrate, SZIKZ v Minister for Immigration [2007] FMCA 487, which is available on the Internet. 2 The appellant is a citizen of the People's Republic of China. In his protection visa application he claimed a well-founded fear of persecution on the basis of being a Falun Gong practitioner and an imputed role as a regional head of Falun Gong. He claimed that his wife became a member in 1996 and he became a member in 1997 after learning about Falun Gong from her. He claimed his wife was the leading member in their town and had connections with organisations all over the world. He claimed that in 1999 he organised members for the district for demonstrations and missions in Beijing. In January 2005 the appellant was detained by police for 10 days. The police told him that they believed he was the head of Falun Gong in the town. His wife bribed a government official for his release and obtained a passport and a visa to Australia.
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