SZNEY v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZNEY v MINISTER FOR IMMIGRATION & ANOR [2009] FMCA 1016

MIGRATION – Review of RRT decision – applicant a citizen of China – where invitation to hearing returned to the Tribunal unopened – where PVA application completed in English despite applicant having no English language proficiency – where applicant assisted in his PVA application by a person who was not noted on the form and who was not contactable at time of hearing – departmental practice in receiving applications considered.

Migration Act 1958 (Cth), ss.426A, 441C

VNNA v Minister for Immigration [2004] FCAFC 134
SZFDE v Ministerfor Immigration [2007] HCA 35
Minister for Immigration v SZLIX [2008] FCAFC 17
SZGZQ v Ministerfor Immigration [2007] FCA 62
Minister for ImmigrationvVSAF of 2003 [2005] FCAFC 73
NAST v Ministerfor Immigration [2004] FCA 86

Applicant: SZNEY

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 208 of 2009

Judgment of: Raphael FM

Hearing date: 12 October 2009

Date of Last Submission: 12 October 2009

Delivered at: Sydney

Delivered on: 12 October 2009

REPRESENTATION

For the Applicant: In person

Solicitors for the First Respondent: Sparke Helmore

ORDERS

1. Application dismissed.

2. Applicant to pay the First Respondent’s costs assessed in the sum of $3,900.00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 208 of 2009

SZNEY

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. The applicant is a citizen of China.  He arrived in Australia on 15 July 2008 and applied to the Department of Immigration and Citizenship for a protection (Class XA) visa on 21 July 2008.  The applicant was invited to an interview by the delegate, which he attended.  On 17 September 2008 the delegate refused to grant a protection visa and on 13 October 2008 the applicant applied for review of that decision from the Refugee Review Tribunal.  On 3 November 2008 the Tribunal wrote to the applicant inviting him to attend an interview with the Tribunal on 4 December 2008.  A copy of the envelope is produced at [CB 56].  It reveals a posting date of 3 November 2008.  On 3 December 2008 the envelope was returned to the Tribunal.  The applicant did not attend the interview.  On 31 December 2008 the Tribunal determined to affirm the decision not to grant a protection visa. 

2. The grounds upon which the applicant claimed to be a person to whom Australia owned protection obligations were found, originally, in a letter to the Department dated 18 July 2008 in which he stated that in 2005 he had opened a restaurant which was successful.  The restaurant was near a police station.  A particular policeman became a regular customer of the restaurant but on occasions he would not pay.  When the applicant argued with the policeman, the policeman threatened him and eventually he was charged with assaulting the police and was imprisoned.  He lost his business and, when he was released, he could…