Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZMGU v Minister for Immigration and Citizenship [2009] FCA 148
SZMGU v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 1889 of 2008
COWDROY J
26 FEBRUARY 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1889 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZMGU
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J
DATE OF ORDER: 26 FEBRUARY 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The Appellant pay the costs of the First Respondent. 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
NEW SOUTH WALES DISTRICT REGISTRY NSD 1889 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZMGU
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J
DATE: 26 FEBRUARY 2009
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The appellant appeals from the decision of Federal Magistrate Scarlett delivered on 19 November 2008 which dismissed an application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') handed down on 22 April 2008. The Tribunal's decision affirmed the decision of a delegate of the Minister for Immigration and Citizenship ('the Minister') to refuse to grant a protection (Class XA) visa to the appellant.
BACKGROUND 2 The appellant was born on 2 January 1962 and he is a citizen of the People's Republic of China ('the PRC'). He arrived in Australia on 7 April 2007. On 8 May 2007 the appellant lodged an application for a protection visa with the Department of Immigration and Citizenship. A delegate of the Minister refused the application for a protection visa on 13 July 2007. On 30 July 2007 the appellant applied to the Tribunal for a review of that decision. 3 In his application for a protection visa the appellant claimed to fear persecution in the PRC due to his being a Falun Gong practitioner. The appellant claimed that he was detained in April and July 2000 and he was tortured and brainwashed during periods of that detention. He claimed that after unsuccessful attempts to obtain a passport in 2000 and 2003, he managed to obtain a passport in 2007 and left the PRC for Australia. The appellant claimed that his home was raided in 2007 after his departure. The appellant claimed that he had participated in Falun Gong activities in Parramatta and Cabramatta following his arrival in Australia.
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