Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZIBY v Minister for Immigration and Citizenship [2007] FCA 1974
SZIBY v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1150 OF 2007
FLICK J
13 NOVEMBER 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1150 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZIBY
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: FLICK J
DATE OF ORDER: 13 NOVEMBER 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The Appellant pay the costs of the Respondent of and incidental to the hearing of this appeal. 3. The Refugee Review Tribunal be added as Second Respondent to the proceedings.
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 1150 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZIBY
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: FLICK J
DATE: 13 NOVEMBER 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal from a decision of the Federal Magistrates Court delivered on 1 June 2007. 2 The Federal Magistrate dismissed an application seeking judicial review of a decision of the Refugee Review Tribunal given on 23 November 2005. The Tribunal affirmed a decision not to grant a protection visa to the now Appellant. FACTUAL BACKGROUND 3 The Appellant is a citizen of the People's Republic of China who arrived in Australia on 16 August 2005. On 22 August 2005 the application for the visa was lodged. In support of her original application the Appellant provided a one paragraph statement as follows: I am a Christian and together with my friends and relatives, I was actively participating in religious activities in China. Nowadays, we could enjoy limited freedom of religious compared with the real freedom of religious in Australia. Twenty years ago, if only you mentioned about Christianity, you were regarded to be connected with overseas, and you would accused of being too much involved with the western culture. You would always have bad luck if you dared to do things like that. Because of my personality I suffered being detained for three times. I don't think I would get away from any further persecution from the Chinese Communist Party if I had not come to Australia for protection. I suffered persecution because of my religious belief as well as my political opinions. I was detained in 1981 because I was found to have religious activities at my relative's home. They said I was attending illegal religious gathering. I was persecuted by the Chinese authorities. I was taken to the police station in 1989 because I supported the student movement. In 2003 because I supported Falun Gong members I was once called to the local police for investigation. I can not enjoy freedom of religion and political opinions in China. I worry that I would suffer endless persecution as long as I stay in China. That statement was provided notwithstanding the fact that the application for the visa as completed by the Appellant asked in Part C the following:
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