SZEJG v Minister for Immigration

[2005] FMCA 568

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZEJG v MINISTER FOR IMMIGRATION [2005] FMCA 568

MIGRATION – Review of decision of Refugee Review Tribunal – no evidence of bad faith or bias – no apprehension of bias or bad faith – no failure to provide appropriate level of interpretation – no failure to provide procedural fairness – no failure pursuant to s.424A – no jurisdictional error – application dismissed.

Migration Act 1958, ss.424, 424A, 425(1), 422B

Re Refugee Review Tribunal; Ex parte H (2001) 75 ALJR 982; [2001] HCA 28
Mahzar v Minister for Immigration and Multicultural Affairs [2000] FCA 1759; (2000) 183 ALR 188
SZAAJ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 312
WACO v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 131 FCR 511; [2003] FCAFC 171
Perera v Minister for Immigration and Multicultural Affairs (1999) 92 FCR 6; [1999] FCA 507
Appellant P119/2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 230
Re Applicant S154; Ex parte Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 437; [2003] HCA 60
Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576
Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82; [2000] HCA 57
Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82; [2000] HCA 57
Tin v minister for Immigration and Multicultural Affairs [2000] FCA 1109

Applicant: SZEJG

Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

File Number: SYG 2780 of 2004

Judgment of: Nicholls FM

Hearing date: 12 April 2005

Date of Last Submission: 12 April 2005

Delivered at: Sydney

Delivered on: 12 April 2005

REPRESENTATION

Counsel for the Applicant: NIL

Solicitors for the Applicant: NIL

Counsel for the Respondent: Mr Beech-Jones

Solicitors for the Respondent: Australian Government Solicitor

ORDERS

1. That the application is dismissed.

2. That the applicant pay the respondent's costs set in the amount of $4000 pursuant to rule 21.02(2)(a) of the Federal Magistrates Court rules.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 2780 of 2004

SZEJG

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

Respondent

REASONS FOR JUDGMENT

(Ex tempore; Revised from Transcript)

1. This is an application made under the Migration Act 1958 (Cth) (“the Act”) filed on 8 September 2004 seeking review of the decision of the Refugee Review Tribunal (“the Tribunal”) made on 20 July 2004 and handed down on 10 August 2004, to affirm the decision of a delegate of the respondent Minister made on 30 April 2004 to refuse a protection visa to the applicant.

2. The applicant is a national of the People's Republic of China who arrived in Australia on 25 March 2004.  His claim to a well-founded fear of persecution was based on his Christianity and harm feared from the Chinese authorities.  These claims were particularly set out in:

   -a Statutory Declaration submitted by the applicant to the respondent's Department with his application for a protection visa on 23 April 2004.…