SZBPQ v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 568

FEDERAL COURT OF AUSTRALIA SZBPQ v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 568 MIGRATION – Appeal from decision of Refugee Review Tribunal – application on behalf of minor by his next friend for protection visa – application refused – place of the Convention on the Rights of the Child in determining the application – membership of a particular social group – one child policy of People's Republic of China – application of Chen Shi Hai v Minister for Immigration and Multicultural Affairs (2000) 201 CLR 293 – finding of fact by Refugee Review Tribunal that the financial burden facing the appellant's parents in order to have him registered did not amount to persecution – whether Refugee Review Tribunal incorrectly focused on the situation of the appellant's parents – appeal dismissed Federal Court of Australia Act 1976 (Cth) s 25(1A) Migration Act 1958 (Cth) s 36(2), 65(1)(a), 65(1)(b), 91R, 189, 196, 420(2)(b) Australian Citizenship Act 1948 (Cth) s 10(2) Convention on the Rights of the Child 20 November 1989 1577 UNTS 3 (entered into force 2 September 1990) Appellant S395 of 2002 v Minister for Immigration & Multicultural Affairs (2003) 216 CLR 473 cited Chen Shi Hai v Minister for Immigration & Multicultural Affairs (2000) 201 CLR 293 cited Koroitamana v Commonwealth of Australia [2005] FCAFC 61 cited Minister for Immigration & Multicultural Affairs v Eshetu (1999) 197 CLR 611 cited Minister for Immigration & Multicultural Affairs v Teoh (1995) 183 CLR 273 cited SZBQJ v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 143 applied Tuitavake v Minister for Immigration & Multicultural Affairs [1999] FCA 1160 cited VDAU v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 363 cited VDAU v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 32 cited