Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZKKN v Minister for Immigration and Citizenship [2008] FCA 243
SZKKN v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 2117 OF 2007
MIDDLETON J
25 FEBRUARY 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2117 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZKKN
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MIDDLETON J
DATE OF ORDER: 25 FEBRUARY 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the costs of the first respondent, fixed at $3,000. 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 2117 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZKKN
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MIDDLETON J
DATE: 25 FEBRUARY 2008
PLACE: SYDNEY
REASONS FOR JUDGMENT
Introduction 1 This is an appeal from a judgment of Nicholls FM of the Federal Magistrates Court given on 5 October 2007 dismissing an application for review of a decision of the Refugee Review Tribunal ('the Tribunal'). That decision affirmed 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. The appellant arrived in Australia on 15 September 2006 and on 13 October 2006 she lodged an application for a protection (class XA) visa. After the Minister's delegate refused the appellant's protection visa application on 4 November 2006she applied on 30 November 2006 to the Tribunal to review that decision. 3 Before the Tribunal, the appellant claimed to have worked as an accountant for her boyfriend's construction team and to have been instrumental in seeking outstanding monies owed by the company. The appellant claimed that her boyfriend was arrested by the Public Security Bureau ('PSB') and sent to do hard labour on a construction site in Jianxi Province, where he contracted an illness and later died. As a result, the appellant claimed that she was motivated to help send corrupt officials to court for punishment. 4 For this reason, the appellant claimed that she sought out the company administration and several government agencies in order to obtain the money owed. This led to harassment from the corrupt officials and the PSB, culminating in her arrest in May 2006 after organising a sit-in protest demanding compensation for her boyfriend's death. The appellant claimed that she was detained for a month, denounced as 'anti-government' and only released upon payment of a bribe by her family. She claimed that she was still required to report to the PSB regularly. 5 The appellant claimed she had to leave the country with a passport that was not in her name after the police came with an arrest warrant issued when she had not reported to the PSB. 6 At the hearing, the appellant raised the additional claim that she had been abducted and severely abused by Chinese police on 10 September 2006. She also claimed to fear 'spies' who she claims are based in Australia.
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