SZMOG v Minister for Immigration & Citizenship [2009] FCA 156

FEDERAL COURT OF AUSTRALIA

SZMOG v Minister for Immigration & Citizenship [2009] FCA 156

Migration Act 1958 (Cth) SZMOG v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

NSD 1842 of 2008

MARSHALL J

25 february 2009

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1842 of 2008

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZMOG

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: MARSHALL J

DATE OF ORDER: 25 FEBRUARY 2009

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal is dismissed. 2. The appellant pay the first respondent's costs of the appeal.

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 1842 of 2008

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZMOG

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: MARSHALL J

DATE: 25 February 2009

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The appellant, who is a citizen of the Peoples Republic of China, appeals from a judgment of the Federal Magistrates Court. A Federal Magistrate dismissed her application for judicial review of a decision of the Refugee Review Tribunal. The Tribunal had affirmed a decision of a delegate of the first respondent Minister to refuse to grant a protection visa to the appellant. 2 The appellant applied for a protection visa, claiming that she feared persecution, if returned to China in the reasonably foreseeable future, by reason of her Christian religion.