Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZIAG v Minister for Immigration and Citizenship [2008] FCA 681
Migration Act 1958 (Cth) s 424A, 424A(3)(b) House v King (1936) 55 CLR 499 SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609 SZIAG v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 291 of 2008
MCKERRACHER J
16 MAY 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 291 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZIAG
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MCKERRACHER J DATE OF ORDER: 16 MAY 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application be dismissed. 2. The applicant is to pay the costs of the first respondent fixed at $1,400 pursuant to O 62 r 4(2)(c) of the Federal Court Rules.
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 291 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZIAG
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MCKERRACHER J
DATE: 16 MAY 2008
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an application for leave to appeal from a judgment of aFederal Magistrate (Barnes FM) made on 14 February 2008 dismissing an application for judicial review of a decision of the Refugee Review Tribunal (the Tribunal) of 20 December 2005. The Tribunal had affirmed a decision of a delegate of the Minister for Immigration and Citizenship to refuse to grant a protection visa to the applicant.
BACKGROUND 2 The applicant is a citizen of the People's Republic of China (PRC). In his protection visa application, the applicant claimed to fear persecution in the PRC due to his political opinion. The applicant claims to have suffered discrimination in the past due to his father having been branded a counter-revolutionary during the Cultural Revolution. According to the applicant, he led 50 students from his school in protest activities in Fuzhou during the 1989 pro-democracy movement. He claimed that as a result he was not able to continue his school studies, was questioned by the Public Security Bureau (PSB) and was subsequently expelled in December 1989. He claimed that he subsequently joined the June 4 Society, a secret pro-democracy organisation which disseminated materials, printed a magazine and organised protest activities. The applicant claimed that in 1994 the group was uncovered by the authorities and he was forced to flee.
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