Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZKFM v Minister for Immigration & Citizenship [2008] FCA 214
SZKFM v MINISTER FOR IMMIGRATION & CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 2100 of 2007
EDMONDS J
4 MARCH 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2100 of 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZKFM
Appellant
AND: MINISTER FOR IMMIGRATION & CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: EDMONDS J
DATE OF ORDER: 4 MARCH 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the first respondent's costs in the sum of $1,500. 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 2100 of 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZKFM
Appellant
AND: MINISTER FOR IMMIGRATION & CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: EDMONDS J
DATE: 4 MARCH 2008
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal from a judgment of the Federal Magistrates Court (SZKFM v Minister for Immigration & Citizenship & Anor [2007] FMCA 1680 (Nicholls FM)) dismissing an application for review of a decision of the second respondent ('the Tribunal') affirming a decision of a delegate of the first respondent ('the Minister') refusing an application for a protection visa.
Background 2 The appellant is a citizen of the People's Republic of China who arrived in Australia on a temporary business visitor's visa on 22 August 2006 and claims to be a Falun Gong practitioner. 3 The appellant applied for a protection visa on 21 September 2006. The appellant claimed that he had commenced practising Falun Gong in 1996 after being introduced to Falun Gong by a work colleague. The appellant claimed that he had been detained by the Public Security Bureau ('PSB') for a year and that he feared that he would be detained if he were to return to China. This application was refused by a delegate of the Minister on 14 October 2006. 4 On 17 November 2006 the appellant filed an application for review of the decision of the Minister's delegate with the Tribunal. On 16 January 2007 the Tribunal affirmed the decision of the Minister's delegate refusing to grant the appellant a protection visa. 5 On 15 February 2007 the appellant filed an application in the Federal Magistrates Court for judicial review of the Tribunal's decision. An amended application was filed on 18 May 2007. On 5 October 2007 the Federal Magistrates Court dismissed the application, as amended, 18 May 2007.
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