SZOOI v Minister for Immigration & Anor

The Federal Magistrates Court of Australia considered an application by SZOOI, a Chinese citizen, to review a decision of the Refugee Review Tribunal, which had refused her protection visa application. SZOOI claimed to fear political persecution from Chinese authorities due to a protest against the demolition of a property she owned with her husband. The Tribunal found her claims to be not credible and dismissed her application. The applicant filed a show cause application with three unparticularised grounds for review, alleging errors in law, personal opinion influencing the decision, and denial of natural justice due to the Tribunal not considering her evidence. Additionally, the applicant raised concerns about the conduct of her migration agent, Weiming Qian, who failed to attend the Tribunal hearing and did not ensure the applicant received free legal advice.

The court found that the Tribunal's adverse credibility findings were open to it based on the material before it, and there was no jurisdictional error. The court was also concerned about Ms Qian's conduct, including failing to attend the Tribunal hearing, and the circumstances surrounding the preparation of the protection visa claim and the response to the Tribunal's invitation to comment. The court ordered that the transcript of the hearing, along with the reasons for judgment, be sent to the Office of the Migration Agents Registration Authority for investigation. The application was dismissed, and the applicant was ordered to pay the first respondent's costs and disbursements of and incidental to the application, fixed in the sum of $4,200.