SZFXG v Minister for Immigration and Citizenship [2007] FCA 116

FEDERAL COURT OF AUSTRALIA

SZFXG v Minister for Immigration and Citizenship [2007] FCA 116 SZFXG v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1698 OF 2006

COWDROY J

12 MARCH 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1698 OF 2006

BETWEEN: SZFXG

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COWDROY J DATE OF ORDER: 12 MARCH 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the costs of the first respondent in the sum of $5000. 3. The name of the first respondent be amended to 'Minister for Immigration and Citizenship'. 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 1698 OF 2006

BETWEEN: SZFXG

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COWDROY J

DATE: 12 MARCH 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The appellant appeals from the decision of Raphael FM delivered on 21 August 2006inwhich His Honourdismissed an application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') made on 11 February 2005 and handed down on 4 March 2005: see SZFXG v Minister for Immigration & Multicultural Affairs [2006] FMCA 1249. The Tribunal had affirmed a decision of a delegate of the Minister for Immigration and Multicultural Affairs ('the Minister') to refuse to grant a Protection visa to the appellant. 2 The appellant is a citizen of the People's Republic of China ('the PRC') who arrived in Australia on 28 August 2004 and lodged an application with the Department of Immigration and Multicultural Affairs ('the Department') on 12 October 2004. In his application for a Protection visa the appellant claimed to be a key member of an underground church in the PRC. He claimed to have been detained for investigation by Public Security Bureau (PSB) officials in April 2004 and to have refused to co-operate with them. The appellant claims he was then physically mistreated and released only to receive medical attention once a bribe was paid, and that after his release he continued to involve himself in underground religious activities assisting in the establishment and development of the church on mainland PRC including arranging the distribution of propaganda. The appellant claimed that in August 2004 members of the bible study group with which he was involved were arrested. The appellant left the PRC on 27 August 2004, and claimed that he feared persecution if he returned to PRC by reason of his political opinions. 3 On 25 November 2004 the Minister refused to grant a Protection visa to the appellant. On 21 December 2004 the appellant applied to the Tribunal for a review of the Minister's decision. On 10 January 2005 the Tribunal sent the appellant an invitation to attend a hearing. The appellant attended a hearing on 11 February 2005 and was assisted by an interpreter.