SZJBT v Minister for Immigration & Citizenship [2007] FCA 374

FEDERAL COURT OF AUSTRALIA SZJBT v Minister for Immigration & Citizenship [2007] FCA 374 Federal Magistrates Court Rules 2001 (Cth) R 44.12.1(a) SZJBT v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FMCA 1615 affirmed SZJBT v MINISTER FOR IMMIGRATION & CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 2281 OF 2006

HEEREY J

27 FEBRUARY 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2281 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZJBT

Applicant

AND: MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: HEEREY J DATE OF ORDER: 27 FEBRUARY 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Application for leave to appeal be dismissed with costs. 2. The title of the proceedings be amended by the first respondent's description being changed 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 2281 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZJBT

Applicant

AND: MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: HEEREY J

DATE: 27 FEBRUARY 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an application for leave to appeal from a judgment of Driver FM of 30 October 2006, SZJBT v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FMCA 1615. The application before the Federal Magistrate sought judicial review of a decision of the Refugee Review Tribunal dated 30 May 2006 to refuse to grant a protection visa to the applicant. The Magistrate, under rule 44.12.1(a) of the Federal Magistrates Court Rules 2001 (Cth), was not satisfied that the application had raised an arguable case for the relief claimed. 2 This being an interlocutory decision, the applicant must obtain leave and, amongst other things, must show that the decision of the Magistrate was attended with sufficient doubt. 3 The applicant is a citizen of Turkey. He arrived in Australia on 10 November 2005. On 22 December 2005, he lodged an application for a protection visa. This was refused by a delegate of the Minister on 15 February 2006, and on 20 March 2006 the applicant applied to the Tribunal for a review of that decision. Before the Tribunal the applicant claimed to fear persecution by reason of his political opinion. The applicant claimed he was a member of the Labour Party in Turkey before the military coup, after which he distanced himself from political activities for fear of persecution. 4 The applicant claimed that, once the situation in Turkey settled, he began to participate in political activities again and, in particular, to support "Saturday Mothers" meetings. The applicant claimed that he was harassed and beaten by police during these meetings. He claimed he provided his office for Teachers' Union meetings and, as a result, was threatened by police. The applicant further claimed he assisted a Kurdish friend and another friend to flee Turkey and, as a result, he was captured, beaten and interrogated by the secret police "deep state". After his release, the applicant claims he was threatened and told he would remain under surveillance. The applicant claimed to fear that if he returned to Turkey he would be punished by the secret police.