SZMGS v Minister for Immigration & Citizenship [2009] FCA 168

FEDERAL COURT OF AUSTRALIA

SZMGS v Minister for Immigration & Citizenship [2009] FCA 168

Migration Act 1958 (Cth) ss 424AA, 91R(3) SZMGS v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL

NSD 1823 of 2008

MARSHALL J

27 FEBRUARY 2009

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1823 of 2008

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZMGS

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: MARSHALL J

DATE OF ORDER: 27 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 1823 of 2008

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZMGS

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: MARSHALL J

DATE: 27 FEBRUARY 2009

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The appellant appeals from a judgment of a Federal Magistrate in which his application for review of a decision of the Refugee Review Tribunal was dismissed. The Tribunal had affirmed a decision of a delegate of the respondent Minister to refuse the appellant a protection visa. 2 The appellant is a citizen of the Peoples' Republic of China. He claimed to fear persecution if returned to China, in the reasonably foreseeable future, on account of his religion. The appellant said he belonged to an unauthorised or underground church. He claimed to be a Christian and to have been detained twice by Chinese officials because of his religion. The appellant is 21 years old and single.