SZHML v Minister for Immigration & Citizenship [2007] FCA 1750

FEDERAL COURT OF AUSTRALIA

SZHML v Minister for Immigration & Citizenship [2007] FCA 1750

SZHML v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 987 OF 2007

SUNDBERG J

16 NOVEMBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 987 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZHML

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: SUNDBERG J DATE OF ORDER: 16 NOVEMBER 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the first respondent's costs of the appeal fixed at $3,000.00. 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 987 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZHML

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: SUNDBERG J

DATE: 16 NOVEMBER 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT

Background 1 The appellant is a citizen of the People's Republic of China who arrived in Australia on 12 January 2005. On 1 February 2005 he applied for a protection visa. A delegate of the first respondent refused the application. The appellant's application for a review of that decision by the Refugee Review Tribunal was unsuccessful, and he sought review of the Tribunal's decision by the Federal Magistrates Court. That application was also unsuccessful, and he has appealed to this Court. Pursuant to s 25(1AA) of the Federal Court of Australia Act 1976 the appeal is heard by a single judge.