SZKSO v Minister for Immigration & Citizenship [2007] FCA 1841

FEDERAL COURT OF AUSTRALIA

SZKSO v Minister for Immigration & Citizenship [2007] FCA 1841 Migration Act 1958 (Cth) ss 424A, 425 SZBYR v Minister for Immigration & Citizenship (2007) 185 ALR 609 cited SZJHL v Minister for Immigration and Citizenship [2007] FCA 1713 cited SZKSO & Ors v Minister for Immigration [2007] FMCA 1413 considered VAF v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 123 cited SZKSO AND SZKSP v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1760 OF 2007

BENNETT J

21 NOVEMBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1760 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZKSO

First Appellant

SZKSP

Second 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 appellants are 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 1760 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZKSO

First Appellant

SZKSP

Second 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

BACKGROUND 1 The appellants, who are husband and wife, are citizens of the People's Republic of China. The appellants applied for Protection (Class XA) visas. The substantive claims in support of the protection visa applications were made by the first appellant. She claimed to fear persecution in China for reason of her political opinion. She claimed to have been a grape farmer and to have organised protests against a corrupt market administrator in 2006. She says that she was arrested, accused of anti-government activity and detained. She also claimed to have distributed anti-government pamphlets upon her release and to have been revealed as the author of those pamphlets by two friends who were arrested after she left China. She said that she feared being punished for anti-government activity if she returned to China. The protection visa applications were refused on the basis that the appellants are not persons to whom Australia has protection obligations under the Refugees Convention.