Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZIUC v Minister for Immigration and Citizenship [2008] FCA 657
SZIUC v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 162 of 2008
COWDROY J
15 MAY 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 162 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZIUC
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J DATE OF ORDER: 15 MAY 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The Appellant pay the costs of the First Respondent. 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 162 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZIUC
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J
DATE: 15 MAY 2008
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The appellant appeals from the decision of Federal Magistrate Lloyd-Jones delivered on 22 January 2008 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') signed on 20 March 2006. The Tribunal had affirmed a decision of a delegate of the Minister for Immigration and Citizenship ('the Minister') to refuse to grant a Protection (Class XA) visa ('the protection visa') to the appellant.
BACKGROUND 2 The appellant is a citizen of the People's Republic of China ('the PRC'). The appellant claims to have a well-founded fear of persecution resulting from her religious beliefs. 3 The appellant claims that after her marriage ended in 2003 she was encouraged by a friend to attend an unregistered Christian church ('the unregistered church'). The appellant claims that she began to attend regularly. The appellant claims that in September 2004 the Public Security Bureau ('PSB') detained her for one week with about ten other members of the unregistered church, during which time she was interrogated and told not to participate in further religious activities. 4 The appellant asserts that she was subsequently forced to attend an official church. In December 2004 the appellant decided to leave the official church after three months of attendance. She claims that she resumed her involvement with the unregistered church in February 2005. She also claims that she was involved in the recruitment of new members for the unregistered church and in the organisation of its gatherings. 5 The appellant claims that in September 2005 a gathering of the unregistered church was broken up by the PSB. The appellant claims that many members were arrested but that she managed to escape and go into hiding. The appellant claims that the PSB has subsequently sought to discover her whereabouts and have questioned her parents on many occasions. 6 The appellant decided to flee the PRC using a false passport. The appellant also claims that the unregistered church's leader has since been apprehended and sent to a labour farm. 7 The appellant claims that she has been attending church services since arriving in Australia. The appellant claims that she would be subjected to persecution because of her religious beliefs if she returned to the PRC.
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