SZKII v Minister for Immigration & Citizenship [2008] FCA 144

FEDERAL COURT OF AUSTRALIA

SZKII v Minister for Immigration & Citizenship [2008] FCA 144 Migration Act 1958 (Cth) ss 420, 424A Abebe v Commonwealth of Australia (1999) 197 CLR 510 cited SZBYR v Minister for Immigration & Citizenship (2007) 235 ALR 609 cited SZKII v Minister for Immigration & Anor [2007] FMCA 1591 considered SZKII v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1919 OF 2007

BENNETT J

21 FEBRUARY 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1919 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZKII

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: BENNETT J DATE OF ORDER: 21 FEBRUARY 2008

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 1919 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZKII

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: BENNETT J

DATE: 21 FEBRUARY 2008

PLACE: SYDNEY

REASONS FOR JUDGMENT

Introduction 1 The appellants are husband and wife and are citizens of China. Their claim is based upon the husband's claim to fear persecution for reason of his political opinion. I shall refer to the appellants compendiously as 'the appellant'. The appellant's application for a Protection (Class XA) visa was refused by a delegate of the Minister. On an application for review the delegate's decision was affirmed by the Tribunal. An application for judicial review of the Tribunal's decision was dismissed by Scarlett FM (SZKII v Minister for Immigration & Anor [2007] FMCA 1591).