Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZIIS v Minister for Immigration & Citizenship [2008] FCA 1195
SZIIS and SZIIT v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 673 of 2008
MIDDLETON J
11 AUGUST 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 673 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZIIS
First Appellant
SZIIT
Second Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MIDDLETON J DATE OF ORDER: 11 AUGUST 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellants 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 673 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZIIS
First Appellant
SZIIT
Second Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MIDDLETON J
DATE: 11 AUGUST 2008
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal against an order of a Federal Magistrate of 24 April 2008 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') signed on 10 September 2007 and handed down on 18 September 2007. 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 appellants.
BACKGROUND 2 The appellants are husband and wife, and citizens of China, who arrived in Australia on 1 May 2005. On 6 May 2005 the appellants lodged an application for a protection visa with the Department of Immigration and Citizenship. A delegate of the first respondent refused the application for a protection visa on 13 August 2005. A previous decision of the Tribunal signed on 22 December 2005 was quashed by order of the Federal Magistrates Court. On 16 April 2007 the Federal Magistrates Court remitted the matter to the Tribunal to be determined according to law. The Tribunal, differently constituted, affirmed the delegate's decision on 18 September 2007. 3 Before the Tribunal, the appellants essentially claimed that they were persecuted in China due to their practice of Falun Gong, and the Government's 'one child' policy.
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