Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZKSQ v Minister for Immigration and Citizenship [2008] FCA 1101
SZKSQ v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 530 of 2008
RARES J
23 MAY 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 530 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZKSQ
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: RARES J
DATE OF ORDER: 23 MAY 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the costs of the first respondent fixed in the sum of $4,210. 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 530 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZKSQ
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: RARES J
DATE: 23 MAY 2008
PLACE: SYDNEY
REASONS FOR JUDGMENT (REVISED FROM THE TRANSCRIPT) 1 This is an appeal from a decision of the Federal Magistrates Court refusing to grant the appellant constitutional writ relief in respect of a decision of the Refugee Review Tribunal handed down on 17 August 2006 which affirmed the decision of a delegate of the Minister made on 13 February 2006 to refuse the appellant's husband and herself protection visas: SZKSQ v Minister for Immigration [2008] FMCA 420. 2 The appellant is a citizen of the Peoples' Republic of China who arrived in Australia with her then de facto husband in December 2005. They applied for protection visas later that month based on the husband's claim to have been a practitioner of Falun Gong and to have been persecuted in China as a result. The application for the protection visa contained a detailed letter by the appellant and her husband based solely on his circumstances. She applied for a protection visa as a member of the husband's family unit.
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