SZJDH v Minister for Immigration and Citizenship

[2008] HCASL 391

SZJDH
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 391
S56/2008

1. The applicant is a citizen of Malaysia.  On 28 February 2006, a delegate of the first respondent refused his application for a Protection (Class XA) visa.  The delegate's decision was affirmed by the Refugee Review Tribunal.  The applicant claimed to fear persecution because of his membership of a particular social group.  The fear was said to be based upon debts he owed, or was alleged to owe, and steps that would be taken to collect those debts.  The social group was said to comprise "persons who had dealings with loan sharks in Malaysia and who have been threatened by those loan sharks" or persons "who had dealings with the loan sharks [and] who [were] unable to pay back the debts to the loan sharks".

2. The Tribunal was not satisfied that a social group of the kind suggested by the applicant existed, or that such a group would be a "particular social group" for the purposes of the Migration Act 1958 (Cth).

3. The Federal Magistrates Court (Lloyd-Jones FM) dismissed an application for judicial review on the ground that the Tribunal erred in failing to find that the applicant was a member of a particular social group, holding that the Tribunal's factual findings were open to it and that the claim to membership of a particular social group could not be maintained.  The Federal Court of Australia (Bennett J) dismissed an appeal from the decision of Lloyd-Jones FM.  Bennett J held that the Tribunal had correctly applied the appropriate tests for identifying a particular social group and that the Tribunal's factual findings were open to it.

4. The decision of Bennett J was correct.  An appeal to this Court has no prospects of success.

5. The application is dismissed.

6. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

A.M. Gleeson
16 July 2008 J.D. Heydon