SZFHL v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1569

FEDERAL COURT OF AUSTRALIA

SZFHL v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1569 SZFHL v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS & ANOR NSD 1560/2005 GRAHAM J 26 OCTOBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1560 OF 2005

BETWEEN: SZFHL

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: GRAHAM J

DATE OF ORDER: 26 OCTOBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The Appellant pay the First Respondent's costs fixed in the sum of $4000. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1560 OF 2005

BETWEEN: SZFHL

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: GRAHAM J

DATE: 26 OCTOBER 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The Appellant who is identified for the purposes of these proceedings as SZFHL was born on 13 May 1959. On 16 July 2003 he was issued with an Indonesian passport. 2 On 24 March 2004 he was issued with an Australian visitor's visa entitling him to visit Australia for a period of one month. On 17 April 2004 he arrived in Australia. 3 On 4 May 2004 the Appellant applied for a Protection (Class XA) Visa, which was refused by the Minister's delegate on 29 May 2004 because he did not satisfy the necessary criterion. Notice of the decision was sent to the Appellant at his residential address by letter dated 29 May 2004. 4 The material relied upon by the Minister's delegate included a decision and reasons for decision of 7 May 2001 of the Refugee Review Tribunal ("the RRT") from file number N00/32454 . That material included the following passage: "Although there have been a number of protests and riots in various parts of Indonesia since mid May 1998, the only report found by the Tribunal, in which ethnic Chinese in Jakarta were mentioned as targets was on 21-22 November 1998 at Ketapang … Over the last few years there have been no major outbreaks of violence in Jakarta in which Chinese people or property were attacked. Despite concern about the prospect for unrest, especially prior to the general election, there was no mass exodus of ethnic Chinese prior to the June 1999 elections."