SZJVZ v Minister for Immigration and Citizenship [2008] FCA 221

FEDERAL COURT OF AUSTRALIA

SZJVZ v Minister for Immigration and Citizenship [2008] FCA 221 SZJVZ v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 2285 OF 2007

GILMOUR J

4 MARCH 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2285 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZJVZ

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: GILMOUR 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 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 2285 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZJVZ

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: GILMOUR J

DATE: 4 MARCH 2008

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an appeal from the orders made by Federal Magistrate Emmett on 1 November 2007 dismissing an application for review by the appellant in respect of a decision of the Refugee Review Tribunal ("the Tribunal") made on 24 October 2006. The Tribunal had affirmed the decision of a delegate of the first respondent made on 14 July 2006 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 10 April 2006. The appellant claimed she had a well-founded fear of persecution due to her practice of Falun Gong. In her protection visa application the appellant claimed that she began practicing Falun Gong after a friend introduced her to it in about 1999. She claimed that in 2001 police broke into her home and arrested her, tore off her clothes and dragged her along the concrete floor causing injury to her. She claimed that in the detention centre, she suffered electric shocks, brainwashing, savage beatings and force-feedings. After her release, she was allegedly fired from her job and remained unemployed. The appellant claimed she was treated inhumanely and seen as an "evil" person, even by her daughter. 3 However before the Tribunal the appellant claimed that she was introduced to Falun Gong in 1997. She claimed she was detained by police a number of times, once in 1999, overnight, a few months later she was detained for one day and in 2001 she was detained for 15 days at a re-education centre.