SZCIP v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZCIP v MINISTER FOR IMMIGRATION [2005] FMCA 1421

MIGRATION – Review of decision of RRT – where the Tribunal found that the applicant’s claims of persecution were inconsistent – where the Tribunal made a late application for a protection visa – where the Tribunal found the application lacking in credibility – whether the Tribunal failed to grant the applicant the opportunity to comment upon independent country information – whether the relevant country information fell within the s.424A(3) exception.

Migration Act 1958, ss.91R(3), 424A(3)
Federal Magistrates Court Rules 2001

NARE v Minister for Immigration [2004] FCA 554

Applicant: SZCIP

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File Number: SYG 2919 of 2003

Judgment of: Raphael FM

Hearing date: 29 August 2005

Date of Last Submission: 29 August 2005

Delivered at: Sydney

Delivered on: 29 August 2005

REPRESENTATION

For the Applicant: In person

Counsel for the Respondent: Mr R Beech-Jones

Solicitors for the Respondent: Clayton Utz

ORDERS

1. Application dismissed.

2. Applicant to pay the respondent’s costs in the sum of $4,250.00 pursuant to Part 21 Rule 21.02(2)(a) of the Federal Magistrates Court Rules.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 2919 of 2003

SZCIP

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

1. The applicant is a citizen of the Peoples Republic of China.  She arrived in Australia on 20 May 2001.  On 2 September 2002 she lodged an application for a protection (Class XA) visa with the Department of Immigration and Multicultural and Indigenous Affairs.  On 4 October 2002 a delegate of the Minister refused to grant a protection visa and on 22 October 2002 the applicant applied for review of that decision.

2. The applicant attended a hearing before the Tribunal where she was represented by a migration agent.  On 12 November 2003 the Tribunal determined to affirm the decision not to grant a protection visa. 

   
   

   It handed down that decision on 4 December 2003. 

3. The factual matrix within which the applicant seeks to come within the convention definition of a refugee is that whilst living in her home in Qingdao City, she made a complaint concerning the death of her father and made allegations of professional negligence against the hospital.  Her concern about the manner in which she was treated by the authorities in relation to this disturbing incident caused her to become associated with a group which she says called itself The Freedom & Democracy Party.  She was friendly with a person she claims rang the Qingdao Branch of that party with her boyfriend.  The applicant provided funds and took an active part in the party's distribution of anti-government information. 

4. The applicant also made claims to have a fear of persecution for her religious beliefs.  She claims she joined a church which was associated or was part of the Shouters Movement in 1996.  She claimed that when she came to Australia she immediately joined an Australian branch of this group and has been an active member.…