SZIXY v Minister for Immigration and Citizenship [2007] FCA 1276

Background 2 The appellants are husband and wife who are citizens of the People's Republic of China ("China"). The second appellant, the appellant wife, arrived in Australia on 7 May 2005. The first appellant, the appellant husband, arrived on 14 September 2005. On 28 October 2005 the appellants lodged an application for a protection visa with the then Department of Immigration and Multicultural and Indigenous Affairs. A delegate of the Minister refused the application on 6 January 2006. On 6 February 2006 the appellants applied to the Tribunal for a review of that decision. Only the first appellant has made claims for protection under the Convention, with his wife relying on membership of his family unit. I intend to refer to the first appellant as "the appellant". 3 The appellant claimed to have well-founded fear of persecution because of his political opinion. Specifically, he claimed to fear harm on account of his suspected involvement in an anti-government organisation and because he distributed an open letter critical of the government. 4 The appellant claimed that in around March 2005 he was questioned by officers of the Public Security Bureau (PSB) about a worker in his workshop, Mr He, who was alleged to be a leader and founder of an illegal political organisation known as the "Workers' Club". At that time the appellant informed the PSB that he did not know anything about the matter. The appellant later ascertained that Mr He had been arrested and that Mr He was involved in a group which expressed some dissident opinions against the government, namely, the Workers' Club. The appellant claimed that Mr He was a particularly important worker in the workshop and that he visited Mr He in detention and tried to "save him". 5 The appellant claimed that in June 2005 he was required to provide a report to the PSB about Mr He and the Workers' Club. The appellant claimed that he refused to provide a report to the PSB because he did not believe Mr He had done anything wrong. The appellant claimed that as result he was detained and beaten, following which he spent two weeks in hospital. He claimed that he was subject to questioning by the PSB on at least 10 occasions and that his home was searched on three occasions. The appellant claimed that he was targeted for investigation because it was suspected he might also get involved in the Workers' Club. 6 In August 2005 the appellant obtained his visa and he left for Australia in September 2005. However, he claims that, before he left he wrote an open letter to the Chinese government seeking compliance with the Constitution and protection of freedom of speech and association and seeking the release of political dissidents such as Mr He. The appellant claimed that he made around 200 copies of the letter and posted it to media, schools and universities. He claimed that the person who assisted him to distribute the 200 letters was arrested and that he is now regarded as political dissident by the authorities in China.