SZKBL v Minister for Immigration and Citizenship [2008] FCA 1064

FEDERAL COURT OF AUSTRALIA

SZKBL v Minister for Immigration and Citizenship [2008] FCA 1064

Migration Act 1958 (Cth) SZBYR v Minister for Immigration and Citizenship [2007] HCA 26 Re MIMA; ex parte Durairajasingham (2000) 168 ALR 407; [2000] HCA 1 SZKBL v MINISTER FOR IMMIGRATION & CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

NSD 2466 of 2007

REEVES J

18 JULY 2008

DARWIn

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2466 of 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZKBL

Appellant

AND: MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: REEVES J DATE OF ORDER: 18 JULY 2008

WHERE MADE: DARWIN

THE COURT ORDERS THAT:

1. The appeal be dismissed. 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 2466 of 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZKBL

Appellant

AND: MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: REEVES J

DATE: 18 JULY 2008

PLACE: DARWIN

REASONS FOR JUDGMENT

INTRODUCTION 1 The appellant is a citizen of China. She arrived in Australia during June of 2006 and applied for a protection visa (class XA) on 24 July 2006. In that application she relied upon police harassment and economic deprivation suffered in China which, she said, would continue upon her return to China because she had become known to authorities when she petitioned them following wrongful police actions. That visa application was rejected by a delegate of the first respondent and the appellant has unsuccessfully sought review before the Refugee Review Tribunal ('the Tribunal') in an application lodged 27 October 2006, before the Federal Magistrates Court in an application lodged 19 January 2007, and now before this Court.