SZJUZ v Minister for Immigration and Citizenship [2007] FCA 1093

FEDERAL COURT OF AUSTRALIA

SZJUZ v Minister for Immigration and Citizenship [2007] FCA 1093

SZJUZ v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 924 OF 2007

COWDROY J

18 OCTOBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 924 OF 2007

BETWEEN: SZJUZ

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COWDROY J DATE OF ORDER: 18 OCTOBER 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 $3000 pursuant to Order 62 Rule 4(2)(c) of the Federal Court Rules 1979 (Cth). 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 924 OF 2007

BETWEEN: SZJUZ

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COWDROY J

DATE: 18 OCTOBER 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The appellant appeals from a decision of Federal Magistrate Turner delivered on 7 May 2007 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') handed down 1 November 2006. The Tribunal had affirmed a decision of a delegate of the Minister for Immigration and Multicultural Affairs ('the Minister') of 24 September 2004 to refuse to grant a protection visa to the appellant. A previous decision of the Tribunal dated 12 January 2005 was remitted to the Tribunal by the Federal Magistrates Court on 25 July 2006. This appeal concerns the second Tribunal decision. 2 The appellant, a citizen of the People's Republic of China ('the PRC') claimed to have a well founded fear of persecution because he was a member of a Christian underground church. The appellant claimed that he was a member of a Christian family and that during his childhood his family home was a meeting place for the underground church and that his father was arrested and his mother was forced to join an official church but they pretended to cease religious practice. The appellant alleged that in 1992 he began working for one of the organisers of the underground church and was a leading activist until 1999, and that in 1999 he was subject to investigation and detention by the Public Security Bureau ('the PSB'). The appellant claimed that he continued to help organise secret gatherings of the underground church, and that in 2004 he was informed that he was placed on a black list. The appellant alleged that he fled Fuqing City in March 2004 to live in the country and that during this period the PSB had visited his home with an arrest warrant and his wife was subject to investigation. 3 Upon remittal of the matter, the Tribunal wrote to the appellant on 15 August 2006 inviting the appellant to a hearing to be held on 19 September 2006. The appellant provided a response to hearing invitation indicating he wished to attend the hearing. The appellant attended and was assisted by a Mandarin interpreter. At the hearing the appellant presented a letter from a Pastor of the Chinese Christian Fellowship Centre in Petersham dated 15 September 2006. 4 On 27 September 2006 the Tribunal wrote to the appellant pursuant to s 424A of the Migration Act 1958 (Cth) ('the Act') inviting the appellant to comment on the discrepancies between the claims made in the protection visa application; the evidence provided at the hearing in 2004; and the evidence presented at the hearing in 2006, and in particular the inconsistencies of the date of his alleged detention. The appellant replied in a letter dated 11 October 2006 stating that at the Tribunal's hearing he was under 'huge pressure', was confused and could not use his own language and as a result made silly mistakes. The appellant also outlined difficulties with the use of an interpreter.