SZBCV v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZBCV v MINISTER FOR IMMIGRATION [2005] FMCA 28

MIGRATION – Review of decision of RRT – where applicant failed to attend hearing before delegate or Tribunal – where Tribunal unable to be satisfied he was a member of Falun Dafa – where applicant’s submissions did not reflect the grounds of application.

Federal Court Rules
Migration Act 1958 (Cth), ss.61(1), 426A, 422B

NARE v Minister for Immigration [2003] FCA 554

Applicant: SZBCV

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File No: SYG1538 of 2003

Delivered on: 11 January 2005

Delivered at: Sydney

Hearing date: 11 January 2005

Judgment of: Raphael FM

REPRESENTATION

For the Applicant: In Person

Counsel for the Respondent: Mr C Mantziaris

Solicitors for the Respondent: Clayton Utz

ORDERS

1. Application dismissed.

2. Applicant pay the respondent's costs assessed in the sum of $4,250 pursuant to Part 21 Rule 21.02(2)(a) of the Federal Magistrate's Court Rules

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG1538 of 2004

SZBCV

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

1. The applicant is a citizen of the People's Republic of China.  He arrived in Australia on 30 December 2001.  On 11 January 2002, he lodged an application for a protection (Class XA) visa with the Department of Immigration and Multicultural and Indigenous Affairs.  On 6 June 2002 a delegate of the Minister refused to grant a protection visa and on 27 June 2002 the applicant applied for review of that decision. 

2. When the matter was before the delegate certain letters inviting comment had been sent to him and he had responded but the applicant did not attend the hearing before the delegate.  When the matter came before the Tribunal the applicant was again invited to attend a hearing but declined to do so. 

3. On 17 June 2003 the Tribunal, acting under its statutory powers found at s.426A of the Migration Act 1958 (Cth) (the “Act”), determined the application. It affirmed the decision not to grant a protection visa and it handed down that decision on 11 July 2003.

4. On 6 August 2003 the applicant filed with this court an application for judicial review.  The grounds of that application were:

   “1.The decision by the RRT was induced by actual bias of the    officer.

   2. There was no evidence or other materials to justify the making of a decision.”

5. The applicant claimed to have a well founded fear of persecution for the convention reasons of religion and/or membership of a particular social group arising out of membership of the Falun Dafa Movement, which he says that he joined in about 1997.  After Falun Gong became outlawed by the Chinese government in 1999 he stated that he had been mistreated, confined, tortured and discriminated against.  He told the delegate in his application that because persecution of Falun Dafa disciples is now going on more and more seriously in China he had to leave the country.  He feared that if he returned he would be put…