Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZIOY v Minister for Immigration & Citizenship [2007] FCA 1838 Migration Act 1958 (Cth) s 91R(3) NACB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 235 cited SZIOY v Minister for Immigration [2007] FMCA 1359 considered SZIOY v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1754 OF 2007
BENNETT J
21 NOVEMBER 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1754 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZIOY
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: BENNETT J DATE OF ORDER: 21 NOVEMBER 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal is dismissed. 2. The appellant is to 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 1754 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZIOY
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: BENNETT J
DATE: 21 NOVEMBER 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The appellant is a citizen of the People's Republic of China. He came to Australia in 2005 to visit his son, who is a student in Sydney. The appellant says that, after he arrived in Australia, he came to realise certain matters about the Communist Party in China. He claims that he signed and then announced that he had signed a document to the effect that he would no longer be a member of the Communist Party ('the resignation'). He says that as a political defector he may be mistreated by the Chinese Government upon return to China if the Government was aware that he signed such a document in Australia. The appellant's application for a Protection (Class XA) visa was refused.
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