Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZNNJ v Minister for Immigration and Citizenship [2009] FCA 1356
SZNNJ v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 1113 of 2009
COWDROY J
23 NOVEMBER 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION NSD 1113 of 2009
BETWEEN: SZNNJ
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J
DATE OF ORDER: 23 NOVEMBER 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application for extension of time 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
GENERAL DIVISION NSD 1113 of 2009
BETWEEN: SZNNJ
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J
DATE: 23 NOVEMBER 2009
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The applicant seeks an extension of time to file and serve a Notice of Appeal from the decision of Federal Magistrate Scarlett delivered on 28 July 2009 which dismissed an application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') handed down on 25 March 2009. The Tribunal's decision affirmed the 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 China who arrived in Australia on 29 October 2008. On 11 November 2008 the applicant lodged an application for a protection visa with the Department of Immigration and Citizenship ('the Department'). A delegate of the Minister refused the application for a protection visa on 5 January 2009. On 9 February 2009 the applicant applied to the Tribunal for a review of that decision. 3 In his application for a protection visa, the applicant claimed to have a well-founded fear of persecution because he is a practitioner of Falun Gong. He claimed to have been arrested in May 2003, September 2006 and August 2008.
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