SZHKK v Minister for Immigration and Citizenship & Anor [2007] FCA 1264

FEDERAL COURT OF AUSTRALIA

SZHKK v Minister for Immigration and Citizenship & Anor [2007] FCA 1264 Migration Act 1958 (Cth) ss 91R, 424A SZHKK v Minister for Immigration and Citizenship [2007] FMCA 842 affirmed SZHKK v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1050 OF 2007

HEEREY J

17 AUGUST 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1050 OF 2007

BETWEEN: SZHKK

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: HEEREY J DATE OF ORDER: 17 AUGUST 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed 2. The appellant 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 1050 OF 2007

BETWEEN: SZHKK

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: HEEREY J

DATE: 17 AUGUST 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an appeal from a decision of FM Smith who dismissed an application for judicial 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. 2 The nature of the appellant's claims, the essence of the Tribunal's reasoning and the reasons of the Magistrate are set out in the decision of the court below, which is available on the Internet: SZHHK v Minister for Immigration and Multicultural Affairs [2007] FMCA 842. It is not necessary to repeat that material other than to say that the appellant's claim was that he had a well-founded fear of persecution by reason of his Christianity. He claimed to be the leader of an underground church and that his home had been searched by authorities.