SZCJV v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZCJV v MINISTER FOR IMMIGRATION [2005] FMCA 1853

MIGRATION – Review of decision of Refugee Review Tribunal – where Tribunal finds “no subjective fear” – where Tribunal relies on independent country information.

Migration Act 1958, s.48B
Federal Magistrates Court Rules 2001

Chan v Minister for Immigration (1980) 169 CLR 379
B41 of 2003 [2004] FCA 30

Applicant: SZCJV

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File Number: SYG16 of 2004

Judgment of: Raphael FM

Hearing date: 7 December 2005

Date of Last Submission: 7 December 2005

Delivered at: Sydney

Delivered on: 7 December 2005

REPRESENTATION

Solicitors for the Applicant: Applicant in Person

Counsel for the Respondent: Mr J Smith

Solicitors for the Respondent: Australian Government Solicitor

ORDERS

1. Application dismissed.

2. Applicant pay the respondent’s costs in the sum of $5,000.00 pursuant to Part 21 Rule 21.02(2)(a) of the Federal Magistrates Court Rules.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG16 of 2004

SZCJV

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

1. The applicant is a citizen of Lebanon.  He first arrived in Australia on 10 November 2001.  It would appear that his arrival was based upon his holding of a spouse visa.  He appears to have left Australia and then returned on 13 June 2003.  On 23 June 2003 he lodged an application for a protection (Class XA) visa with the Department of Immigration and Multicultural and Indigenous Affairs.  On 22 July 2003 a delegate of the Minister refused to grant a protection visa and on 18 August 2003 the applicant applied for review of that decision.

2. The applicant attended a hearing before the Refugee Review Tribunal on 5 November 2003.  On 6 November 2003 the Tribunal determined to affirm the decision not to grant him a protection visa and it handed down that decision on 3 December 2003.

3. The applicant's claim to have a well-founded fear of persecution for the Convention reason of political opinion arises out of his support for the right wing militia group known as the Lebanese Forces (“LF”).  Although he told the Tribunal that he was not an active member of the LF he claimed that he was targeted by the Syrian forces as a result of his support for the LF and because of his father's support for Michael Aoun, the militia leader who was at that time exiled in France.

4. The persecution complained of by the applicant appears to be threats made to him by members of the Syrian Forces (SF) which occurred both before the time he came to Australia for the first time and upon his return to Lebanon.

5. In his application to this court the applicant complains that the Tribunal did not understand the proper definition of persecution.  It would appear that this claim is associated with the fact that what he alleges occurred to him did not involve any physical assault upon his person but consisted of threats which had they been carried out would have…