Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZKRR v Minister for Immigration & Citizenship [2008] FCA 145 Minister for Immigration & Multicultural & Indigenous Affairs v Katisat [2005] FCA 1908 cited Minister for Immigration & Multicultural & Indigenous Affairs v SGLB (2004) 207 ALR 12 cited Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 198 ALR 59 followed SZKRR v Minister for Immigration & Anor [2007] FMCA 1709 considered SZKRR v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 2078 OF 2007
BENNETT J
21 FEBRUARY 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2078 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZKRR
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 appellant is to pay the first respondent's costs in the sum of $3,451.75. 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 2078 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZKRR
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 appellant arrived in Australia from China on 3 September 2006 and applied for a Protection (Class XA) visa ('protection visa'). She claimed that she feared persecution by Chinese authorities due to her ongoing agitation for compensation after her husband was seriously injured in a motorcycle accident caused by the alleged negligence of a Chinese state‑owned engineering team. A delegate of the Minister refused her application for a protection visa and the Tribunal affirmed that decision.
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