Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZMAN v Minister for Immigration and Citizenship [2009] FCA 78
SZMAN v MINISTER OF IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 1542 of 2008
COLLIER J
11 FEBRUARY 2009
BRISBANE (HEARD IN SYDNEY)
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY NSD 1542 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZMAN
Appellant
AND: MINISTER OF IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COLLIER J
DATE OF ORDER: 11 FEBRUARY 2009
WHERE MADE: BRISBANE (HEARD IN SYDNEY)
THE COURT ORDERS THAT:
The appeal should be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY NSD 1542 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZMAN
Appellant
AND: MINISTER OF IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COLLIER J
DATE: 11 FEBRUARY 2009
PLACE: BRISBANE (HEARD IN SYDNEY)
REASONS FOR JUDGMENT 1 This is an appeal against the decision of Barnes FM delivered on 9 September 2008 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") of 12 February 2008. 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 appellant.
BACKGROUND 2 The appellant is a citizen of China who arrived in Australia on 12 September 2007. On 19 September 2007 the appellant 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 30 October 2007. On 5 December 2007 the appellant applied to the Tribunal for a review of that decision. 3 The appellant claimed to have a well-founded fear of persecution due to her practice of Falun Gong. She claimed that she had learnt Falun Gong from her son's teacher in 1998, and thereafter she became "very fond of Falun Gong" and followed the teacher to different meetings. She stated that after the teacher was sentenced to imprisonment in September 1999 she was sent for classes and warned not to continue practising Falun Gong. She claimed she stopped for six months but resumed practising secretly in 2000. She said that in 2006 the police searched her home and took away Falun Gong books and detained her for three days during which time she was physically and mentally persecuted. She then realised she would not be safe in China and made preparations to leave China for Australia.
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