Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZMMT v Minister for Immigration and Citizenship [2009] FCA 149
SZMMT v REFUGEE REVIEW TRIBUNAL and MINISTER FOR IMMIGRATION AND CITIZENSHIP
NSD 1864 of 2008
COWDROY J
26 FEBRUARY 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1864 of 2008
BETWEEN: SZMMT
Applicant
AND: REFUGEE REVIEW TRIBUNAL
First Respondent
MINISTER FOR IMMIGRATION AND CITIZENSHIP
Second Respondent
JUDGE: COWDROY J
DATE OF ORDER: 26 FEBRUARY 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application for an extension of time in which to file and serve a Notice of Appeal from the judgement of the Federal Magistrate be dismissed. 2. The Applicant 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 1864 of 2008
BETWEEN: SZMMT
Applicant
AND: REFUGEE REVIEW TRIBUNAL
First Respondent
MINISTER FOR IMMIGRATION AND CITIZENSHIP
Second Respondent
JUDGE: COWDROY J
DATE: 26 FEBRUARY 2009
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an application for an extension of time to file and serve a Notice of Appeal from a decision of Federal Magistrate Emmett delivered on 5 November 2008 which dismissed an application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') handed down on 10 June 2008. The Tribunal's decision affirmed a decision of a delegate of the Minister for Immigration and Citizenship ('the Minister') to refuse to grant a protection (Class XA) visa to the applicant.
BACKGROUND 2 The applicant is a citizen of the People's Republic of China ('the PRC'). She arrived in Australia on 27 August 2007. On 10 October 2007 the applicant 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 16 November 2007. On 18 December 2007 the applicant applied to the Tribunal for a review of that decision. 3 Before the Tribunal the applicant claimed that the government failed to compensate her village for the loss of its fishing rights. She claimed that she participated in protest demonstrations in 2003 where 10 people were arrested and jailed for 8 to 10 years. She stated that she was told she was on the list to be arrested and she therefore moved to another province where she lived for several years before departing for Australia.
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