Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZMNU v Minister for Immigration and Citizenship [2009] FCA 155
SZMNU v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 28 of 2009
COWDROY J
27 FEBRUARY 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 28 of 2009
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZMNU
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J
DATE OF ORDER: 27 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 28 of 2009
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZMNU
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J
DATE: 27 FEBRUARY 2009
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The appellant appeals from the decision of Federal Magistrate Raphael delivered on 5 December 2008 which dismissed an application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') handed down on 24 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 appellant.
BACKGROUND 2 The appellant is a citizen of the People's Republic of China ('the PRC') who was born on 1 February 1966. The appellant arrived in Australia on 14 September 2007. On 29 October 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 25 January 2008. On 22 February 2008 the appellant applied to the Tribunal for a review of that decision. 3 The appellant claimed to fear persecution in the PRC because of his involvement with the Christian Shouters Church. He stated that he was deeply moved by an experience of a close friend whose brother had been rescued from a serious drug habit by the efforts of the Shouters Church. As a result of this, he stated that he began to help his friend spread the Gospel and to this end gave RMB 50,000 to the Church to finance a printing centre for religious materials. He claimed that in March 2006 this printing centre was discovered by the Public Security Bureau ('the PSB') and his friend and eight or nine others were arrested. All of the people arrested were imprisoned or transferred to labour camps though they did not reveal to the authorities that the appellant had also been involved in supporting the Church. During this time the appellant claims that he was interrogated by the authorities three times. He said that his friend was released in March 2007 but that the friend advised him that the friend's brother had died at the hands of the police. 4 The appellant claimed that his friend then organised a protest before the 17th National Congress of the Communist Party, and the appellant had assisted in the organisation. He said he had contacted people who had relatives in jail or labour camps due to their political opinions or religious beliefs to lobby them to petition the government for their release. He also claimed to have been involved in preparing and signing a petition. The appellant claimed that he and his friend had also sent many letters to the PSB and other government agencies, urging them to provide proper medical treatment and release another friend (and church member) who had been previously arrested. The appellant said that in September 2007 the cousin of the church member who was imprisoned was arrested because she had been found sending a petition to the central government. Her husband was also arrested. The appellant then fled to Australia. The appellant claimed that the police came to his house after he fled and found two Shouters bibles.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate