Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZGHZ v Minister for Immigration and Citizenship [2007] FCA 1437
SZGHZ v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 629 OF 2007
GRAHAM J
14 AUGUST 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 629 OF 2007
BETWEEN: SZGHZ
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: GRAHAM J
DATE OF ORDER: 14 AUGUST 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. 'Refugee Review Tribunal' be added as a second respondent to the applicant's application for leave to appeal filed 12 April 2007. 2. The application for leave to appeal filed 12 April 2007 be dismissed. 3. The applicant pay the respondent Minister's costs fixed in the sum of $1,400. 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 629 OF 2007
BETWEEN: SZGHZ
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: GRAHAM J
DATE: 14 AUGUST 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The applicant was born in Hebei in the People's Republic of China on 27 February 1971. According to an application for a Protection (Class XA) visa which he lodged on 31 December 2004 it is said by the applicant that his year of birth was in fact 1972 rather than 1971. The applicant arrived in Australia on 21 December 2004. His application for a Protection (Class XA) visa was refused by a Delegate of the Minister on 13 January 2005. 2 On 1 February 2005 the applicant applied to the Refugee Review Tribunal ('the Tribunal') for review of the Minister's Delegate's decision. On 21 February 2005 the applicant was invited to a hearing of the Tribunal on 23 March 2005 to give oral evidence and present arguments in support of his claims. 3 In his application for a Protection (Class XA) visa he answered questions 40 to 44 collectively. Those questions were: '40 Why did you leave that country?
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