SZHBP v Minister for Immigration and Citizenship [2007] FCA 1226

FEDERAL COURT OF AUSTRALIA

SZHBP v Minister for Immigration and Citizenship [2007] FCA 1226 MIGRATION – protection visa – where appellant found to have been persecuted for past political activity and to have fled to Australia to escape persecution – where appellant has not since being persecuted expressed an interest in pursuing further political activity – where decision to refuse visa has been affirmed on ground that appellant will not engage in further political activity – whether tribunal erred by failing to ask why appellant had ceased to pursue or be interested in further political activity – whether tribunal erred by failing to ask whether the appellant's cessation of and disinterest in further political activity was a consequence of the persecution it had found him to have suffered – whether tribunal erred by failing to consider whether the appellant had a well-founded fear of persecution in circumstances where it was necessary for him to be inactive politically in order to avoid persecution – Held: tribunal erred Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473 followed Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 distinguished Minister for Immigration and Multicultural and Indigenous Affairs v SZANS (2005) 141 FCR 586 distinguished NAEU of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 259 distinguished NBKT v Minister for Immigration and Multicultural Affairs (2006) 156 FCR 419 discussed Win v Minister for Immigration and Multicultural Affairs [2001] FCA 132 referred to SZHBP v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 792 OF 2007

RARES J

15 AUGUST 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 792 OF 2007