SZGZZ v Minister for Immigration and Citizenship [2007] FCA 801

FEDERAL COURT OF AUSTRALIA

SZGZZ v Minister for Immigration and Citizenship [2007] FCA 801 SZGZZ v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD554 OF 2007

COLLIER J

24 MAY 2007

BRISBANE (HEARD IN SYDNEY) IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY NSD554 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZGZZ

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COLLIER J DATE OF ORDER: 24 MAY 2007

WHERE MADE: BRISBANE (HEARD IN SYDNEY)

THE COURT ORDERS THAT:

1. The appeal be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY NSD554 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZGZZ

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COLLIER J

DATE: 24 MAY 2007

PLACE: BRISBANE (HEARD IN SYDNEY)

REASONS FOR JUDGMENT 1 This is an appeal from the decision of Smith FM delivered 19 March 2007 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal"). The Tribunal had affirmed a decision of a delegate of the first respondent to refuse to grant a protection visa to the appellant.

Background and claims 2 The appellant is a citizen of the People's Republic of China ("PRC") who arrived in Australia on 10 October 2004. On 12 October 2004 the appellant lodged an application for a protection visa with the Department of Immigration and Citizenship. A delegate of the first respondent refused the application for a protection visa on 21 February 2005. On 11 March 2005 the appellant applied to the Tribunal for a review of that decision providing a statutory declaration outlining his claims and recanting on the claims made in his protection visa application due to his concern that the migration agent he had used for his protection visa application had not correctly presented his claims. 3 The appellant in his statutory declaration to the Tribunal claimed to have well-founded fear of persecution as a result of his political opinion. The appellant claimed that his father organised protests during the Cultural Revolution and sent his son away to live with his friend so he would not be tainted by his background. The appellant claimed that when he was sent away his name was changed to that of his father's friend. The appellant claimed that when his adopted father died he returned to his village. 4 The appellant claimed that in 2003 he met a person who could smuggle people out of the country and who arranged for the appellant to obtain a passport and travel abroad as an "export labourer". The appellant claimed, however, that once he received his passport he was unable to go abroad as he could not afford the rest of the fees demanded by the smuggler. 5 The appellant claimed that in the middle of 2004 he got into trouble with the authorities on account of his political opinions. The appellant claimed he had assisted a friend (referred to by the Federal Magistrate as "Mr Z") in the distribution of a petition drafted by Mr Z which contained criticisms levelled at the government. The appellant claimed that he organised farmers to distribute the pamphlets and that their activities strongly influenced local farmers to hold protests against the government. The appellant claimed that in late July 2004, nearly one thousand farmers and their relatives participated in a sit-in protest. The appellant claimed he was warned that he had become a key target for an investigation by the Public Security Bureau in relation to the protests. He claimed that Mr Z was arrested shortly after the appellant left for Beijing.