Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZMGJ v Minister for Immigration and Citizenship [2009] FCA 91
SZMGJ v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 1754 of 2008
COLLIER J
12 FEBRUARY 2009
BRISBANE (HEARD IN SYDNEY)
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY NSD 1754 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZMGJ
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COLLIER J
DATE OF ORDER: 12 FEBRUARY 2009
WHERE MADE: BRISBANE (HEARD IN SYDNEY)
THE COURT ORDERS THAT:
The appeal 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 1754 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZMGJ
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COLLIER J
DATE: 12 FEBRUARY 2009
PLACE: BRISBANE (HEARD IN SYDNEY)
REASONS FOR JUDGMENT 1 This is an appeal against the decision of Scarlett FM delivered on 17 October 2008 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") of 17 April 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 19 November 2007. On 26 November 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 28 December 2007. On 29 January 2008 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 began practising Falun Gong in March 1997, practising regularly with her colleagues in the park. She stated that after Falun Gong was banned, she participated in two protests in October 1999 and November 2001. She claimed that she was detained by the police in Beijing when she attended the second protest. She claimed that she was allowed to return home, however the next day police came to her house and she was arrested. She was interrogated and beaten by police, as they wanted her to confess to being a Falun Gong practitioner. She stated that she was detained for three months. After she was released she resided with her parents and continued to practice in private. She left China and came to Australia, and has been practising at Parramatta since February 2008.
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