Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZIMD v Minister for Immigration and Citizenship [2007] FCA 1124 Migration Act 1958 (Cth) s 424A SZIMD v Minister for Immigration [2007] FMCA 445 affirmed SZIMD v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 710 OF 2007
HEEREY J
31 JULY 2007
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 710 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZIMD
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: HEEREY J DATE OF ORDER: 31 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 710 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZIMD
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: HEEREY J
DATE: 31 JULY 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal from a decision of a Federal Magistrate which dismissed an application for review of a decision of the Refugee Review Tribunal. The Tribunal had affirmed a decision of a delegate of the Minister for Immigration and Citizenship to refuse the appellant a protection visa. Details of the application, the Tribunal's decision and the decision of the Federal Magistrate are set out in the judgment of the latter, SZIMD v Minister for Immigration [2007] FMCA 445, which is available on the internet. 2 The appellant is a citizen of the People's Republic of China. He claimed to have well-founded fear of persecution based on his membership of Falun Gong. He claimed to have practised Falun Gong since 1998 in order to assist his health. He also claimed that after the ban on Falun Gong in 1999 his health deteriorated. He claimed to have been detained on five occasions and been tortured.
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