Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZJMX v Minister for Immigration and Citizenship [2007] FCA 1919
SZJMX v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1558 OF 2007
FLICK J
15 NOVEMBER 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1558 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZJMX
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: FLICK J
DATE OF ORDER: 15 NOVEMBER 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The Appellant is to pay the First Respondent's costs of and incidental to the appeal. 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 1558 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZJMX
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: FLICK J
DATE: 15 NOVEMBER 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal from the decision of Cameron FM of 24 July 2007 dismissing the Appellant's application for judicial review of a decision of the Refugee Review Tribunal. 2 On 2 May 2006, a delegate of the First Respondent refused to grant a Protection (Class XA) visa to the Appellant. The Tribunal affirmed the decision of the delegate on 29 August 2006 and handed down that decision on 19 September 2006.
Factual background 3 The Appellant is a citizen of the People's Republic of China. The essence of the Appellant's claim is that he had a well-founded fear of persecution by the Chinese authorities as a practitioner of Falun Gong in China and for his association with other practitioners. Additionally, he feared harm from suppliers to whom his previous employer owed money. The Appellant also stated that after his arrival in Australia, he participated in Falun Gong activities. The Tribunal did not accept the Appellant was a Falun Gong practitioner in either Australia or China, or the associated claims. It found he knew little about Falun Gong and that his claims of attracting others to Falun Gong were implausible. The Tribunal accepted the Appellant feared harassment in China with suppliers who were owed money by the Appellant's previous employer, but the harm feared was not for a Convention reason. 4 In the Federal Magistrates Court, the Appellant asserted that the Tribunal failed to comply with s 424A(1) of the Migration Act 1958 (Cth), ignored relevant material, and that his Application had never been assessed fairly and carefully by the Tribunal. The Federal Magistrate found that there was no breach of s 424A of the Act. In particular, the independent country information used by the Tribunal was excepted by s 424A(3)(a) of the Act. Cameron FM found that the Tribunal expressed the reasons for its decision logically and with sufficient clarity for the basis of its decision to be clear. The Federal Magistrate additionally held that the decision was compliant with s 430 of the Act and that the reasons it gave were open to it on the material. There was no evidence to support the claim of bias or reasonable apprehension of bias. Cameron FM asserted that the Tribunal had no obligation to make inquiries. The Application was consequently dismissed. 5 There was no appearance by the Appellant at the outset of the hearing of this appeal. The Appellant did, however, subsequently appear shortly thereafter and made oral statements through his interpreter to the Court as he saw fit. The proceedings were, in effect, recommenced once the Appellant appeared.
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