SZGXT v Minister for Immigration and Citizenship [2007] FCA 669

FEDERAL COURT OF AUSTRALIA

SZGXT v Minister for Immigration and Citizenship [2007] FCA 669 SZGXT v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 425 OF 2007

COWDROY J

25 MAY 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 425 OF 2007

BETWEEN: SZGXT

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COWDROY J DATE OF ORDER: 25 MAY 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The name of the first respondent be amended to Minister for Immigration and Citizenship. 2. The appeal be dismissed. 3. The appellant pay the costs of the respondent in the sum of $2800. 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 425 OF 2007

BETWEEN: SZGXT

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COWDROY J

DATE: 25 MAY 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an appeal from a judgment of Federal Magistrate Smith of 26 February 2007 dismissing the appellant's application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal'). Such decision affirmed a decision of a delegate of the Minister for Immigration and Multicultural Affairs ('the Minister') to refuse to grant the appellant a protection visa. 2 The appellant, a citizen of the People's Republic of China ('the PRC') who arrived in Australia on 30 November 2004, claimed to have a well-founded fear of persecution by the authorities resulting from his involvement in an anti-government political movement. The appellant claimed to have been a bookkeeper in a factory in Shanghai who became aware of the corruption of his employers and passed on some evidence to his landlord who was also an official in the Commission for Inspecting Discipline in a district of Shanghai. The appellant claimed that in February 1999 his landlord went missing and on 1 March 1999 the appellant himself was arrested by the Public Security Bureau ('PSB') whilst on a business trip. The appellant states that he was beaten by officials and forced into confessing to a crime he did not commit and in April 1999 was sentenced to two years imprisonment. The appellant served his sentence, during which time he claims he was subjected to physical and mental persecution. He was also forced to manufacture tourist commodities which were to be illegally exported overseas. 3 The appellant claims to have been released in March 2001 and since that time has not been in stable employment. He claims that he was required to report to the local police station once a month and that police or officials came to his house regularly for the purposes of investigations. 4 In October 2002 the appellant was approached by a fellow inmate who had been sentenced to imprisonment for being involved in an anti-government political organisation. The appellant claimed that this person encouraged the appellant to participate in the movement against the authorities. Under his instruction the appellant distributed pro-democracy materials in his town. In June 2003 the appellant was assisted by the inmate to obtain a false passport. The appellant claimed he had to change his name and place of birth solely to pass the political examination administered by the PSB to obtain his passport. The appellant left China on 29 November 2004. 5 The appellant claimed that after his departure his family and friends were investigated by the PSB and that the PSB had informed his brothers and sisters that he was a classified person involved in an anti-government movement. 6 On 2 February 2005 the Minister refused to grant the appellant a protection visa and on 8 March 2005 the appellant appealed from that decision to the Tribunal.