Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZMFU v Minister for Immigration and Citizenship [2009] FCA 174
SZMFU v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 1851 of 2008
SIOPIS J
3 MARCH 2009
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1851 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZMFU
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: SIOPIS J
DATE OF ORDER: 3 MARCH 2009
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The appeal is dismissed. 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 1851 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZMFU
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: SIOPIS J
DATE: 3 MARCH 2009
PLACE: PERTH
REASONS FOR JUDGMENT 1 This is an appeal against a judgment of a Federal Magistrate of 7 November 2008 dismissing an application for judicial review of a decision of the Refugee Review Tribunal (the Tribunal) handed down on 22 April 2008. The Tribunal had affirmed the decision of a delegate of the first respondent to refuse to grant a protection visa to the appellant.
BACKGROUND 2 The appellant is a citizen of China who arrived in Australia on 24 October 2007. 3 On 24 October 2007, the appellant lodged an application for a protection visa with the Department of Immigration and Citizenship. A delegate of the first respondent refused the application for a protection visa on 3 January 2008. On 14 January 2008, the appellant applied to the Tribunal for a review of that decision. 4 Before the Tribunal the appellant claimed to have a well‑founded fear of persecution because of his religious belief and his involvement in underground church activities. He claimed that he had been arrested and detained for a year because of his activities in an underground church in China. He claimed to be a member of the Local Church, a Christian church, which is known in China as the "Shouters".
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