Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZGWQ v Minister for Immigration and Citizenship [2008] FCA 656
SZGWQ v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 28 of 2008
RYAN J
13 MAY 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 28 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZGWQ
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: RYAN J DATE OF ORDER: 13 MAY 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 in default of agreement.
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 28 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZGWQ
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: RYAN J
DATE: 13 MAY 2008
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal from orders made by Raphael FM on 20 December 2007 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal"); see SZGWQ v Minister for Immigration & Anor [2007] FMCA 2135. By a decision made on 28 September 2006, the Tribunal had affirmed a refusal of 25 March 2004 by a delegate of the then Minister for Immigration and Multicultural Affairs ("the Minister") to grant a protection visa to the appellant.
Background 2 The appellant is a national of the People's Republic of China and claims to have a teenage daughter and husband who reside in China. The appellant arrived in Australia on 11 March 2004 and applied for a protection (class XA) visa on 18 March 2004. In her visa application, the appellant claimed to be a practitioner of Falun Gong, having begun practising in the first half of 1999 and having practised in the street. According to her account, Falun Gong members in China had been persecuted, their materials had been confiscated and they had been tortured and interrogated. The appellant claimed to have left China legally. 3 On 25 March 2004 a delegate of the Minister refused the appellant's application for a protection visa.
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