Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZJXC v Minister for Immigration and Citizenship [2007] FCA 1117
Migration Act 1958 (Cth) ss 91R, 424A SZJXC v the Minister for Immigration and Citizenship [2006] FMCA 545 affirmed SZJXC v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 661 OF 2007
HEEREY J
1 AUGUST 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 661OF 2007
BETWEEN: SZJXC
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: HEEREY J DATE OF ORDER: 1 AUGUST 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the first respondent's costs fixed at $2,500. 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 661 OF 2007
BETWEEN: SZJXC
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: HEEREY J
DATE: 1 AUGUST 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal from a decision of the Federal Magistrates Court which dismissed an application for review of a decision of the Refugee Review Tribunal affirming a decision of a delegate of the Minister to refuse the appellant a protection visa. The nature of the appellant's protection visa application, the reasons of the Tribunal and the Federal Magistrate are set out in more detail in the Federal Magistrate's decision, SZJXC v the Minister for Immigration and Citizenship [2006] FMCA 545, which is available on the internet. 2 The appellant is a citizen of the People's Republic of China and his claim to be a refugee rests on an alleged fear of persecution based on his involvement in the practice of Falun Gong. 3 In his protection visa application he claimed to have been a member of Falun Gong since 1999. He said that after Falun Gong was banned by the authorities he would transport members for meetings and gatherings and provide emergency transportation. He claimed that in March 2005 while assisting the leader to escape from detention he was caught by police and held and interrogated for eight days and suffered "serious mental and physical torment". He claimed to have been forced to attend re-education classes and be supervised by what was called the 610 office. His job was "interfered many times," [sic] the truck he drove was checked frequently, members of his family were questioned many times and "we all lost our freedom".
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