SZHLN v Minister for Immigration and Citizenship [2007] FCA 605

FEDERAL COURT OF AUSTRALIA

SZHLN v Minister for Immigration and Citizenship [2007] FCA 605 SZHLN v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 244 OF 2007

STONE J

30 APRIL 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 244 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: SZHLN

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: STONE J DATE OF ORDER: 30 APRIL 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The Minster for Immigration and Citizenship be substituted for the Minister for Immigration and Multicultural Affairs as first respondent. 2. The appeal be dismissed. 3. The appellant pay the costs of the first respondent. 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 244 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: SZHLN

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: STONE J

DATE: 30 APRIL 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an appeal from a decision of the Federal Magistrates Court delivered on 30 January 2007. His Honour dismissed an application for review of a decision of the Refugee Review Tribunal refusing the appellant's application for a protection visa; [2007] FMCA 53.

Protection visa application 2 The appellant is a citizen of the People's Republic of China. He arrived in Australia on 11 February 2005, and lodged his application for a protection visa on 25 February 2005. The claims made in his application may be summarised briefly. 3 The appellant says he was a member of the Shouters, a Christian group subject to persecution by the Chinese authorities. He was introduced to the Shouters by Mr Xia Li Chen, a business associate and joined the group while living in Fujian. He began to study the Bible in 1997 and was baptised in July of that year. The appellant claimed that his business with Mr Chen was a front for the distribution of religious propaganda. 4 In February 2000, while delivering Bibles and Shouter propaganda in a small village, policemen from the Public Security Bureau (PSB) and officials from the Religious Affairs Office conducted a raid. Mr Chen was arrested but the appellant managed to escape to the home of another associate, Mr Li. While he was in hiding, the police went to his home in order to arrest him. Finding him absent, they conducted an intensive search of his home, and took his wife to the local PSB headquarters where she was interrogated. 5 The appellant remained at Mr Li's home for three months, during which time his family was continually threatened by the police. In order to avoid endangering Mr Li the appellant relocated to Danshui, in Guandong, where he purchased a residential registration in a false name and became a 'fresh person'. He was afraid to stay too long in Danshui and searched for work across eastern China. 6 Although he retained telephone contact with Mr Li, he did not make contact with the Shouters in Guandong until early 2003. Mr Hui Chun Zhang, a local Shouter leader helped him to contact his wife, and helped her relocate to Danshui. In 2004, the appellant assisted Mr Zhang in smuggling religious materials from Singapore and Malaysia into China. In January 2005, Mr Li was arrested by the PSB, and under interrogation revealed that the appellant had been assisting Mr Zhang, and that he and his family were in Guandong. The appellant was able to leave China using his false name in early February 2005.