Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZKGE v Minister for Immigration and Citizenship [2007] FCA 1788
SZKGE v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD1201 OF 2007
EMMETT J
6 NOVEMBER 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD1201 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZKGE
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: EMMETT J
DATE OF ORDER: 6 NOVEMBER 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the first respondent's costs in the sum of $1,250. 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 NSD1201 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZKGE
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: EMMETT J
DATE: 6 NOVEMBER 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The appellant is a citizen of the Peoples Republic of China. She arrived in Australia on 4 June 2006 and applied for a Protection (Class XA) Visa under the Migration Act 1958 (Cth) (the Act) on 12 July 2006. A delegate of the first respondent, the Minister for Immigration and Citizenship (the Minister), refused to grant a visa on 30 August 2006. The appellant then applied to the second respondent, the Refugee Review Tribunal (the Tribunal), for review of the delegate's decision. On 5 January 2007 the Tribunal affirmed the decision not to grant a protection visa. 2 On 22 February 2007, the appellant commenced a proceeding in the Federal Magistrates Court seeking judicial review of the Tribunal's decision. An amended application was filed on 3 May 2007. On 7 June 2007, the Federal Magistrates Court ordered that the proceeding be dismissed and ordered the appellant to pay the Minister's costs in sum of $4,700. 3 By notice of appeal filed on 27 June 2007, the appellant appeals to the Federal Court from the orders of the Federal Magistrates Court. The grounds of appeal to this Court do not identify any error on the part of the Federal Magistrates Court. Rather, they repeat the grounds upon which the appellant relied in her amended application to the Federal Magistrates Court for asserting that there was jurisdictional error on the part of the Tribunal. I would be prepared to treat the notice of appeal as asserting that the Federal Magistrates Court erred in not finding in her favour, on the grounds that are specified in the notice of appeal. 4 The grounds specified in the amended application are as follows: "(1) The Tribunal did not believe my claims because of the bias against me. The Tribunal's decision was made based on evidence and materials. The Tribunal just did not believe my claims, did not believe the evidence that I provided and refused my application based on the officer's assumption.
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