SZHVS v Minister for Immigration and Citizenship [2008] FCA 220

FEDERAL COURT OF AUSTRALIA

SZHVS v Minister for Immigration and Citizenship [2008] FCA 220 SZHVS v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 2284 OF 2007

GILMOUR J

3 MARCH 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2284 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZHVS

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: GILMOUR J DATE OF ORDER: 3 MARCH 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the First Respondent's costs to be taxed if not agreed.

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 2284 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZHVS

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: GILMOUR J

DATE: 3 MARCH 2008

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an appeal from the orders made by Federal Magistrate Emmett on 29 October 2007 dismissing an application for review by the appellant in respect of a decision of the Refugee Review Tribunal ("the Tribunal") made on 9 January 2007 and handed down on 30 January 2007. The Tribunal had affirmed the decision of a delegate of the first respondent made on 2 June 2005 not to grant a protection visa.

BACKGROUND 2 The appellant is a citizen of the People's Republic of China who arrived in Australia on 2 May 2005. The appellant initially claimed she had a well-founded fear of persecution if she were to return to China due to her practice of Falun Gong. She claimed that she began practicing Falun Gong after learning it from her husband, and that she and her husband joined in on Falun Gong activities as well as participating in demonstrations and meetings in Beijing. In 1999 she and her husband were allegedly detained for four days and suffered physical and mental harm at the hands of the Chinese authorities. The appellant claimed that in 2004 police went to her house to investigate her and her husband as the Chinese authorities suspected her husband had been a key member in organising Falun Gong practice for local people of Falun Gong by contacting overseas branches. The appellant claimed that she and her husband were key members of Falun Gong.