SZJNT v Minister for Immigration and Citizenship [2008] FCA 811

FEDERAL COURT OF AUSTRALIA

SZJNT v Minister for Immigration and Citizenship [2008] FCA 811

SZJNT v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

NSD 423 of 2008

COWDROY J

30 MAY 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 423 of 2008

BETWEEN: SZJNT

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COWDROY J

DATE OF ORDER: 30 MAY 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application for leave to appeal out of time be dismissed. 2. The Applicant pay the costs of the First Respondent. 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 423 of 2008

BETWEEN: SZJNT

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COWDROY J

DATE: 30 MAY 2008

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The applicant applies to this Court for an extension of time to file and serve a notice of appeal from the decision of Federal Magistrate Raphael delivered on 19 December 2007. The application before the Federal Magistrate sought judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') handed down on 19 September 2006. The Tribunal had affirmed the decision of a delegate of the Minister for Immigration and Citizenship ('the Minister') not to grant the applicant a Protection (Class XA) visa ('the protection visa').

BACKGROUND 2 The applicant is a citizen of the People's Republic of China ('the PRC') who arrived in Australia on 18 December 2005. On 30 January 2006 the applicant lodged an application for the protection visa with the Department of Immigration and Citizenship. A delegate of the Minister refused the applicant's application on 21 April 2006. On 23 May 2006 the applicant applied to the Tribunal for a review of that decision. 3 The applicant claimed to have well-founded fear of persecution resulting from her 'anti-government ideas and activities'. The applicant claimed that she worked in a garment factory in the PRC but that the 'authority of factory' would 'trample wantonly the basic human rights' of the factory employees. The applicant claimed that the factory authorities refused to pay factory employees on time and 'wilfully' dismissed factory employees. 4 The applicant claimed that she organised approximately 100 employees to stage a protest in the factory. The applicant claimed that the factory authorities contacted the Public Security Bureau ('the PSB') and informed it that the factory employees were staging 'anti-government protests'. The applicant claimed she and approximately 20 other factory employees were arrested by the PSB. She claimed that most of those detained were released shortly after their arrest, but as she was 'regarded as a leader' she was detained for 'about two months'. 5 The applicant claimed that during her detention she was 'beaten and mistreated' by 'those policemen and the criminals'. She claimed to have 'suffered terribly'. She claimed that she confessed her '"anti-government" ideas and activities' because she 'really could not bear miserable inhuman treatment'. The applicant claimed that she was released but had to 'promise not to seek any protests again'. 6 The applicant claimed that the PSB 'continually made me into troubles' and that it was 'impossible' for her to survive in the PRC. The applicant claimed that her father convinced her to leave the PRC. She claimed that after her departure she was informed that two of her colleagues from the factory had been arrested by the PSB. The applicant also claimed that the PSB had talked to her father and indicated to him that the PSB was continuing its investigation into the applicant. She also claimed that the PSB warned her father that she should not do anything which would damage the reputation of the PRC government overseas.