SZJRW v Minister for Immigration and Citizenship [2008] FCA 959

Procedural Posture

Migration Appeal From Orders of the Federal Magistrates Court Dismissing an Application for Review of a Refugee Review Tribunal Decision Affirming Refusal of Protection Visas / Appeal

Legal Issues

1. 1 ['Whether the Tribunal committed jurisdictional error by relying on older country information about Chinese passport and exit procedures rather than more recent information.' "Whether the Tribunal's use of older country information demonstrated actual or apprehended bias or a failure to consider the appellants' claims." "Whether the Tribunal failed to consider protest activities in Australia and the appellant's sur place claim." 'Whether the Tribunal erred in applying s 91R(3) of the Migration Act 1958 (Cth) to disregard conduct in Australia as undertaken to strengthen the protection visa claim.' 'Whether the Tribunal misapplied the concept of persecution for reasons of political opinion by requiring political opinion to be expressed.' 'Whether the Tribunal failed to consider a claim based on membership of particular social or political groups.']

Ratio Decidendi

The appeal failed because the Tribunal considered the appellants' evidence and claims, including the sur place claim, and its findings were open on the evidence. Reliance on older country information did not establish jurisdictional error because the relevant findings were also supported by the appellant's own evidence. No actual or apprehended bias was shown. The Tribunal was entitled to conclude that the Australian protest activity was token activity undertaken to strengthen the protection visa claim and to disregard it under s 91R(3). The Tribunal did not misapply the concept of political opinion, and no substantiated social group claim had been advanced.

Court Disposition

Appeal dismissed with costs.

Orders

• ['The appeal be dismissed.' 'The appellants pay the costs of the first respondent of and incidental to the appeal.']