SZIVB v Minister for Immigration & Anor

[2006] FMCA 1421

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZIVB v MINISTER FOR IMMIGRATION & ANOR [2006] FMCA 1421

MIGRATION – Review of decision by Refugee Review Tribunal – whether Refugee Review Tribunal complied with its obligations under s.424A(1) of Migration Act 1958 (Cth) – whether Refugee Review Tribunal fairly and carefully assessed applicant’s claims.

Judiciary Act 1903 (Cth), s.39B

Migration Act 1958 (Cth), ss.422B; 424A(1); 425; 474; pt.8 div.2

VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 206 ALR 471
SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 150 FCR 214
SZCIJ v Minister for Immigration & Multicultural Affairs & Anor [2006] FCAFC 62

Applicant: SZIVB

First Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 1335 of 2006

Judgment of: Emmett FM

Hearing date: 12 September 2006

Date of Last Submission: 12 September 2006

Delivered at: Sydney

Delivered on: 12 September 2006

REPRESENTATION

The Applicant appearing on his own behalf

Counsel for the Respondent: Mr G. Johnson

Solicitors for the Respondent: Mr J. Bird, Phillips Fox

ORDERS

(1)I order that the applicant pay the first respondent's costs in the amount of $5000.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 1335 of 2006

SZIVB

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1.This is an application pursuant to s.39B of the Judiciary Act 1903 (Cth) and Part 8 Division 2 of the Migration Act 1958 (Cth) (“the Act”) for the judicial review of a decision of the Refugee Review Tribunal (“the Tribunal”) dated 3 April 2006. 

2.The applicant was born on 9 January 1984 and claims to be from the People's Republic of China (“the PRC”) and of Chinese ethnicity and Christian faith. 

3.

The applicant arrived in Australia on 31 August 2005 and on

14 October 2005 lodged an application for a Protection (Class XA) visa with the Department of Immigration & Multicultural & Indigenous Affairs (“the Department”). 

4.On 30 November 2005 the delegate of the first respondent (“the Delegate”) refused the applicant's application for a protection visa on the basis that the applicant is not a person to whom Australia has protection obligations under the Refugees Convention as amended by the Refugees Protocol (“the Convention”).

5.On 3 January 2006, the applicant lodged an application for review of the dDelegate's decision by the Tribunal.  On 16 February 2006, Tthe applicant attended a hearing before the Tribunal on 16 February 2006 and gave oral evidence to the Tribunal.  The applicant also had the assistance of a migration agent and an interpreter at the hearing. 

6.The Tribunal recited with some particularity the claims made by the applicant orally at the hearing.  The Tribunal also had regard to a post-hearing submission received by the Tribunal on 2 March 2006, together with witness statements in support of her application. 

7.The Tribunal summarised the…