SZKAH v Minister for Immigration
[2007] FMCA 412
•8 February 2007
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZKAH v MINISTER FOR IMMIGRATION & ANOR | [2007] FMCA 412 |
| MIGRATION – Application for review of Refugee Review Tribunal decision – no arguable case raised – application dismissed. |
| Migration Act 1958 s.424A Federal Magistrates Court Rules 2001 R.44.11(a), 44.12 |
| Applicant: | SZKAH |
| First Respondent: | MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS |
| Second Respondent: | REFUGEE REVIEW TRIBUNAL |
| File number: | SYG 88 of 2007 |
| Judgment of: | Turner FM |
| Hearing date: | 27 February 2007 |
| Date of last submission: | 27 February 2007 |
| Delivered at: | Sydney |
| Delivered on: | 27 February 2007 |
REPRESENTATION
| The applicant appeared in person |
| Solicitors for the Respondent: | Ms. H. Dejean of Australian Government Solicitor |
ORDERS
The application is dismissed pursuant to Rule 44.12(1)(a) of the Federal Magistrates Court Rules on the basis that no arguable case has been raised.
The name of the first respondent is amended to the Minister for Immigration and Citizenship.
The applicant is to pay the costs of the first respondent fixed in the amount of $1,800.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 88 of 2007
| SZKAH |
Applicant
And
| MINSTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS |
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
REASONS FOR JUDGMENT
(As corrected)
The Respondents allege that the application does not raise an arguable case and ask that the application be dismissed under Rule 44.12 (1) (a).
The Court ordered that pursuant to Rule 44.11(a) there be an immediate hearing under Rule 44.12 to determine if the application raises an arguable case.
Decision
The applicant claims that the Tribunal breached s.424A of the Act. The Court finds no such breach and rejects that ground.
The applicant complains that the Tribunal did not believe his claims because of bias. The Court finds no basis for the claim of bias.
The Court finds that the decision of the Tribunal to affirm the decision of the delegate of the Minister was based on its findings that the applicant was not a truthful and credible witness (Decision 6). The Tribunal did not accept that the applicant was a Falun Gong practitioner (Decision 7).
The Tribunal did not accept that the applicant was arrested and detained in November 2005 because he was a Falun Gong practitioner. The Tribunal did not accept that the applicant had come to the attention of the authorities in China (Decision 7).
The Tribunal was not satisfied that there was a real chance of the applicant suffering harm in China in the foreseeable future. The Tribunal found that the applicant did not have a well-founded fear of persecution for a convention reason in China (Decision 8).
These were all findings of fact and credibility properly open to the Tribunal after considering the material before it, and after hearing oral evidence from the applicant. These findings of fact are not open to review.
The Court finds no error of law or denial of natural justice.
The Court finds that the application does not raise an arguable case for the relief claimed and dismisses it pursuant to Rule 44.12.
Orders
The application is dismissed.
The applicant is to pay the costs of the first respondent fixed in the amount of $1,800.00.
I certify that the preceding twelve (12) paragraphs are a true copy of the reasons for judgment of Turner FM
Associate: Sarah James
Date: 27 February 2007
CORRECTIONS
Cover page – delete “8 February 2007” insert “27 February 2007”
Paragraph 2 line 2 – typographical error corrected (“raises”)
Reasons for judgment page 2 – at “Date” delete “8 February 2007” insert “27 February 2007”
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