Case: SZJBT v Minister for Immigration &amp; Multicultural &amp; Indigenous Affairs [2006] FMCA 1615
Outcome: affirmed
This is an application for leave to appeal from a judgment of Driver FM of 30 October 2006, SZJBT v Minister for Immigration &amp; Multicultural &amp; Indigenous Affairs [2006] FMCA 1615. The application before the Federal Magistrate sought judicial review of a decision of the Refugee Review Tribunal dated 30 May 2006 to refuse to grant a protection visa to the applicant. The Magistrate, under rule 44.12.1(a) of the Federal Magistrates Court Rules 2001 (Cth), was not satisfied that the application had raised an arguable case for the relief claimed. 2 This being an interlocutory decision, the applicant must obtain leave and, amongst other things, must show that the decision of the Magistrate was attended with sufficient doubt. 3 The applicant is a citizen of Turkey. He arrived in Australia on 10 November 2005. On 22 December 2005, he lodged an application for a protection visa. This was refused by a delegate of the Minister on 15 February 2006, and on 20 March 2006 the applicant applied to the Tribunal for a review of that decision. Before the Tribunal the applicant claimed to fear persecution by reason of his political opinion. The applicant claimed he was a member of the Labour Party in Turkey before the military coup, after which he distanced himself from political activities for fear of persecution. 4 The applicant claimed that, once the situation in Turkey settled, he began to participate in political activities again and, in particular, to support "Saturday Mothers" meetings. The applicant claimed that he was harassed and beaten by police during these meetings. He claimed he provided his office for Teachers' Union meetings and, as a result, was threatened by police. The applicant further claimed he assisted a Kurdish friend and another friend to flee Turkey and, as a result, he was captured, beaten and interrogated by the secret police "deep state". After his release, the applicant claims he was threatened and told he would remain under surveillance. The applicant claimed to fear that if he returned to Turkey he would be punished by the secret police. 5 The Tribunal was satisfied the applicant was a member of the TIP, the Labour Party, before 1980 and ceased involvement after the military coup. He was not a target of any politically motivated harm as a result of his involvement and, by the time of his departure, the applicant was a successful and prosperous businessman. The Tribunal was satisfied the authorities had no adverse interest in the applicant as a result of his claimed link to the Saturday Mothers. The Tribunal found it to be plausible that the applicant allowed members of the Teachers' Union to meet in his offices and that he sympathised with the teachers who were involved, and that he was warned by the police after his office was used. However, the failure of the police to detain the applicant allowed the Tribunal to infer that the applicant was not imputed with leftist views. This was because, on independent country evidence, those likely to be imputed with leftist views would be targeted by police for arbitrary detention and torture.