SZHHF v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZHHF v MINISTER FOR IMMIGRATION & ANOR [2008] FMCA 1208

MIGRATION – Review of RRT decision – where Tribunal had concerns regarding applicant’s inconsistent statements – where Tribunal made adverse credibility finding – whether Tribunal decision evidences bias – whether Tribunal obliged to accept psychological report – whether Tribunal explored the effect of actual or imputed political opinion of the applicant.

Migration Act 1958, ss.91R, 424A

Applicant A165 of 2003 v Minister for Immigration [2002] FCA 877
Subramaniam v Minister for Immigration [2001] FCA 891
Subramaniam v Minister for Immigration [2002] FCAFC 255
Algama v Minister for Immigration [2001] FCA 476

Applicant: SZHHF

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 1195 of 2008

Judgment of: Raphael FM

Hearing date: 13 August 2008

Date of Last Submission: 13 August 2008

Delivered at: Sydney

Delivered on: 13 August 2008

REPRESENTATION

For the Applicant: In person

Counsel for the Respondent: Ms S Sirtes

Solicitors for the Respondent: DLA Phillips Fox

ORDERS

1. Application dismissed.

2. Applicant to pay the First Respondent's costs assessed in the sum of $4,000.00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 1195 of 2008

SZHHF

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. The applicant is a citizen of the People's Republic of China. He arrived in Australia on 22 September 2000 and applied to the Department of Immigration & Citizenship for a protection (Class XA) visa on 12 October 2000. On 14 December 2000 a delegate of the Minister declined to grant him a protection visa and he sought review of that decision from the Refugee Review Tribunal on 11 April 2001. The Tribunal determined to affirm the decision under review. Some very considerable time later the applicant applied to this court for review of the decision of the Tribunal and on 29 January 2007 the decision was set aside by consent and the matter remitted. A differently constituted Tribunal then heard the review application and affirmed the delegate's decision on 10 May 2007. That decision was also brought to this court where it was once again, by consent, set aside and remitted. A third Tribunal was constituted and the applicant, who was represented by a migration agent, appeared before it. The Tribunal, on 18 March 2008, wrote a letter to the applicant pursuant to the provisions of s.424A of the Migration Act 1958 (Cth) (the “Act”) and in the same letter dealt with a number of matters raised in the Tribunal hearing that had taken place on 12 February 2008 which had caused the Tribunal concern and invited the applicant to comment upon them. By acting in this way the Tribunal complied with the provisions of s.424AA.

2. The applicant responded through his migration agent to the letter.  On 10 April 2008 the Tribunal determined to affirm the decision not to grant the applicant a protection visa and handed that decision down on 22 April…