Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZHTY v Minister for Immigration and Citizenship [2007] FCA 1223 SZHTY v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 889 OF 2007
STONE J
10 AUGUST 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 889 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZHTY
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: STONE J DATE OF ORDER: 10 AUGUST 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed 2. The appellant pay the first respondent's costs fixed in the amount of $1,500. 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 889 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZHTY
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: STONE J
DATE: 10 AUGUST 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The appellant is a citizen of the Philippines who arrived in Australia on 2 May 2005. Her application for a protection visa was made shortly after her arrival and was dismissed in turn by a delegate of the first respondent and the Refugee Review Tribunal. Her application for judicial review was dismissed by a Federal Magistrate on 30 April 2007:[2007] FMCA 696.
PROCEDURAL BACKGROUND
Protection visa application 2 The appellant claims to live in a Muslim dominated region of the Philippines. She claims that her brother-in-law, who is a Christian, was elected to the local council and subsequently she was victimised in her workplace because of his political opinions, presumably on the basis that those opinions were imputed to her. She also claimed that the harassment was related to disputes over the ownership of certain land. She claims that members of her family have been killed for political reasons, and that the caretaker of the disputed land had been "gunned down".
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