SZOLP v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZOLP v MINISTER FOR IMMIGRATION & ANOR [2010] FMCA 609

MIGRATION – Review of Refugee Review Tribunal decision – refusal of a protection visa – applicant claiming persecution in Pakistan by the Taliban – Tribunal making enquiries of the applicant’s former employer – information received indicating that some of the applicant’s key factual claims were false – applicant making a further claim of persecution by reason of family association with an assassinated politician – claim rejected by the Tribunal – whether the Tribunal breached s.425 of the Migration Act 1958 (Cth) in considering that claim considered.

Migration Act 1958 (Cth), ss.424AA, 425

SZBEL v Minister for Immigration [2006] HCA 63; (2006) 228 CLR 152
SZMRV v Minister for Immigration & Anor [2009] FMCA 8

Applicant: SZOLP

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG1263 of 2010

Judgment of: Driver FM

Hearing date: 11 August 2010

Date for Last Submission: 15 October 2010

Delivered at: Sydney

Delivered on: 11 November 2010

REPRESENTATION

Counsel for the Applicant: Mr J Young

Solicitors for the Applicant:  Simon Diab & Associates

Counsel for the Respondents: Mr H P T Bevan

Solicitors for the Respondents: Australian Government Solicitor

ORDERS

1. The application is dismissed.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA
AT SYDNEY

SYG1263 of 2010

SZOLP

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

Introduction and background

1. This is an application to review a decision of the Refugee Review Tribunal (“the Tribunal”).  The decision was made on 11 May 2010.  The Tribunal affirmed a decision of the delegate of the Minister not to grant the applicant a protection visa.

2. The following statement of background facts is derived from the submissions of the parties.

3. The applicant, who is a citizen of Pakistan, arrived most recently in Australia on 28 July 2009 (book of relevant documents “RD” 34) and applied for a protection visa on 10 August 2009 (RD 1-130).

4. In his protection visa application (RD 19-22), the applicant claimed that he was a sales representative or executive with a pharmaceutical company in the North West Frontier Province of Pakistan, and particularly in the city of Peshawar.  The applicant referred to terrorist attacks on the general populace in that province by Islamic extremists and claimed that he had been the victim of threats from the Taliban.  He claimed that, on 22 July 2009 while at work, he received a letter from the Taliban warning him for promoting non-Muslim products and wearing non-Muslim clothes (RD 40-41).  He claimed that three members of the Taliban tried to kidnap him on 23 July 2009 but that he escaped and submitted a complaint to the police (RD 37-38).

5. In support of his application, the applicant submitted numerous documents in addition to those referred to above, including educational certificates for himself and his wife, property documents, financial documents said to evidence his monthly salary, taxation documents, a clearance certificate from the Peshawar police,…