SZINF v Minister for Immigration and Citizenship [2007] FCA 1281

FEDERAL COURT OF AUSTRALIA

SZINF v Minister for Immigration and Citizenship [2007] FCA 1281

SZINF v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD1122 OF 2007

COLLIER J

20 AUGUST 2007

BRISBANE (HEARD IN SYDNEY) IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY NSD1122 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZINF

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COLLIER J

DATE OF ORDER: 20 AUGUST 2007

WHERE MADE: BRISBANE (HEARD IN SYDNEY)

THE COURT ORDERS THAT:

1. The Refugee Review Tribunal be joined as second respondent. 2. The application be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY NSD1122 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZINF

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COLLIER J

DATE: 20 AUGUST 2007

PLACE: BRISBANE (HEARD IN SYDNEY)

REASONS FOR JUDGMENT 1 This is an application for extension of time to file and serve a notice of appeal from a judgment of Raphael FM of 12 April 2007. The application before the Federal Magistrate sought judicial review of a decision of the Refugee Review Tribunal ("Tribunal") signed on 27 January 2006 and handed down on 16 February 2006. 2 The Tribunal was not a party to this application. In accordance with the decision of the High Court in SAAP v MIMIA (2005) 215 ALR 162 I order the Tribunal joined as second respondent. 3 The applicant is a citizen of the People's Republic of China who arrived in Australia on 11 October 2005. On 3 November 2005 the applicant lodged an application for a protection visa with the then Department of Immigration and Multicultural and Indigenous Affairs. 4 In his application for a protection visa, the applicant claimed to have been a Falun Gong practitioner since 1996 and to have attended demonstrations in Beijing. The applicant claimed that he had been detained by police for 48 hours. He claimed he was unable to practise freely and was strictly supervised by government officials. The applicant claimed to have continued practising in secret and that he assisted a Falun Gong branch leader to develop their branch rapidly. In March 2005 the leader was detained and police came to search the applicant's home the next day. The applicant paid a large sum of money for a passport to come to Australia.