SZHYO v Minister for Immigration

[2006] FMCA 895

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZHYO v MINISTER FOR IMMIGRATION & ANOR [2006] FMCA 895

MIGRATION – Review of Refugee Review Tribunal decision – refusal of a protection visa – applicant claiming persecution in China due to her practise of Falun Gong – whether RRT breached s.424A of the Migration Act considered.

Federal Magistrates Court Rules 2001 (Cth)
Migration Act 1958 (Cth), s.424A

SZEEU v Minister for Immigration [2006] FCAFC 2
SZHMU v Minister for Immigration [2006] FMCA 495
VAF v Minister for Immigration (2004) 206 ALR 471

Applicant: SZHYO

First Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG3825 of 2005

Judgment of: Driver FM

Hearing date: 21 June 2006

Delivered at: Sydney

Delivered on: 21 June 2006

REPRESENTATION

The Applicant appeared in person

Counsel for the Respondents: Mr G Johnson

Solicitors for the Respondents: Phillips Fox

ORDERS

1. The application is dismissed.

2. The applicant is to pay the first respondent’s costs and disbursements of and incidental to the application, fixed in the sum of $6,000.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG3825 of 2005

SZHYO

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(revised from transcript)

1. This is an application to review a decision of the Refugee Review Tribunal (“the RRT”) handed down on 6 December 2005.  The RRT affirmed a decision of a delegate of the Minister not to grant the applicant a protection visa.  The applicant is from China and had made claims of persecution based upon her practice of Falun Gong.  I adopt as background for the purposes of this judgment the following from paragraphs 2 and 3 of the Minister’s written submissions filed on 14 June 2006:

   The applicant, a female national of China, arrived in Australia on 8 May 2005 and applied for a protection visa on 13 May 2005.  That application was refused by a delegate on 21 July 2005 and the applicant applied to the RRT to review the delegate’s decision on 22 August 2005.  The applicant gave evidence before the RRT on 26 October 2005.

   The applicant claimed to be an adherent to Falun Gong and to have a fear of persecution in China by reason of that involvement.  The RRT referred her claims at evidence at court book, pages 65-71 and, at court book, pages 73-77, set out the findings and reasons for its decision.  The RRT was not satisfied by what the applicant put forward that she met the criteria for the grant of a visa. 

2. These proceedings began with an application for judicial review filed on 22 December 2005. Clearly that application was filed within time. The applicant relies on an amended application filed on 19 April 2006. In that application the applicant asserts a breach of s.424A of the Migration Act 1958 (Cth) (“the Migration Act”). Although the applicant gives particulars, most are in the nature of submissions as to the operation of s.424A. Significantly, however, the amended application asserts…