MZXMG v Minister for Immigration & Citizenship [2007] FCA 1884

FEDERAL COURT OF AUSTRALIA

MZXMG v Minister for Immigration & Citizenship [2007] FCA 1884

MZXMG v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL VID 691 OF 2007

SUNDBERG J

30 NOVEMBER 2007

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 691 OF 2007

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MZXMG

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: SUNDBERG J DATE OF ORDER: 30 NOVEMBER 2007

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the first respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 691 OF 2007

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MZXMG

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: SUNDBERG J

DATE: 30 NOVEMBER 2007

PLACE: MELBOURNE

REASONS FOR JUDGMENT

BACKGROUND 1 The appellant is a citizen of the People's Republic of China who arrived in Australia on 15 December 2005. On 4 January 2006 he applied for a protection visa, claiming to have a well‑founded fear of persecution by Chinese authorities as a result of his involvement in the Falun Gong movement. The application was refused by a delegate of the first respondent. The refusal was affirmed by the Refugee Review Tribunal. An application for review of that decision was dismissed by the Federal Magistrates Court. The appeal is from that decision. Pursuant to s 25(1AA) of the Federal Court of Australia Act 1976 the appeal is heard by a single judge.