SZRPS v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZRPS v MINISTER FOR IMMIGRATION & ANOR [2012] FMCA 981

MIGRATION – Review of Refugee Review Tribunal decision – refusal of a protection visa – applicant claiming persecution in China from local officials – applicant not believed – no arguable case of jurisdictional error.

Federal Magistrates Court Rules 2001 (Cth)
Migration Act 1958 (Cth), ss.36, 424AA

Minister for Immigration v Jia (2001) 205 CLR 507
Minister for Immigration v SZIAI (2009) 259 ALR 429
Re Refugee Review Tribunal; Ex parte H (2001) 79 ALR 425
VFAB v Minister for Immigration (2003) 131 FCR 102

Applicant: SZRPS

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 1446 of 2012

Judgment of: Driver FM

Hearing date: 26 October 2012

Delivered at: Sydney

Delivered on: 26 October 2012

REPRESENTATION

The Applicant appeared in person

Counsel for the Respondents: Mr H Bevan

Solicitors for the Respondents: Australian Government Solicitor

ORDERS

1. The application is dismissed.

2. The applicant is to pay the first respondent’s costs and disbursements of and incidental to the application in the sum of $6,471 in accordance with rule 44.15(1) and item 1(c) of part 2 of schedule 1 to the Federal Magistrates Court Rules 2001 (Cth).

FEDERAL MAGISTRATES
COURT OF AUSTRALIA
AT SYDNEY

SYG 1446 of 2012

SZRPS

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(revised from transcript)

Introduction and background

1. This is an application to review a decision of the Refugee Review Tribunal (the Tribunal).  The decision was made on 5 June 2012.  The Tribunal affirmed a decision of the delegate of the Minister not to grant the applicant a protection visa.  The applicant is from China, and had made claims of persecution based on an asserted dispute with local government authorities in China. 

2. Background facts relating to the applicant’s claims, and the Tribunal’s decision on them are conveniently set out in the Minister’s written submissions, filed on 22 October 2012.   

3. The applicant is a national of China[1].

   [1] so the Tribunal found at Relevant Documents (RD) 141 [76]

4. He arrived in Australia on 20 August 2007 as the holder of a business (class UC, subclass 457)[2].  That visa was cancelled on 15 May 2008.  Although the applicant applied for review of that decision four days later, the Migration Review Tribunal apparently decided (on 26 August 2008) that it had no jurisdiction[3].

   [2] see RD 11.  There does not appear to have been a legal challenge to that decision.

   [3] see RD 44

5. He remained in Australia thereafter (without a valid visa) until he applied for a protection visa on 25 August 2011[4].

   [4] RD 1-35

6. The applicant’s claims to fear persecution were set out in a written statement attached to his application[5].  Broadly, the applicant claimed to have a well-founded fear of persecution arising from his actions in petitioning various levels of government over the demolition of his (and his wife’s) chicken farm and associated allegations of corruption against…