CAT/C/49/D/417/2010
2008, the complainant applied to the Federal Court of Australia for an extension of time to
appeal the decision of the Federal Magistrates Court. The Federal Court dismissed the
application on 12 December 2008.
4.5
The complainant’s Bridging E Visa expired on 25 May 2005. He remained
unlawfully in the community until 11 May 2007, when he was granted a new Bridging E
Visa on the basis of his judicial review. He was granted successive Bridging E Visas, of
which the most recent expired on 2 June 2008. The complainant remained unlawfully in the
community until he was located by police on a traffic matter. As a result, he was detained at
Villawood Immigration Detention Centre on 3 November 2008.
4.6
Between 7 May 2004 and 29 December 2009, the complainant lodged nine separate
ministerial intervention requests under sections 48B and/or 417 of the Migration Act. The
first section 417 Migration Act request was referred to the Minister on a schedule; the
Minister declined to intervene in February 2005. Each of the subsequent requests was
assessed as not meeting the ministerial guidelines for referral to the Minister.
4.7
In his request for ministerial intervention of 4 October 2007, the complainant raised
claims that he had been held in a “re-education through labour camp” from 20 August 1999
to 19 August 2000 because he practiced Falun Gong. The complainant provided copies of
some documents, namely a notice of release from the Zhangshi Labour Reform Centre from
20 August 1999 to 19 August 2000 and a copy of a medical report dated 28 August 1999
for a self-inflicted injury.4 These documents were considered by the immigration
department when provided in the complainant’s ministerial intervention requests. The
assessment of the ministerial intervention request dated 6 December 2007 found that the
information contained in the notice of release from a labour reform centre contradicted his
original claim made in his Protection Visa application that he had been detained for a threemonth period sometime after March 2003. The assessment also noted that the complainant
did not provide original documentation, which meant it was not possible to be certain of its
authenticity.
4.8
In the ministerial intervention request of 6 December 2007, the complainant also
submitted a translated copy of a business licence purported to have been issued by the
Government of China in relation to his business, the Shenyang City Weil Li Compressor
Accessory Factory. The licence states that the business was established on 18 May 2001.
This contradicts information provided by the complainant in his Protection Visa
application, in which he stated that he was a worker in the same factory from January 1980
until March 2003. The assessment of the ministerial intervention request found that the
evidence concerning the complainant’s business interests, including over the period of his
alleged detention, would appear to undermine his claim of past persecution. The
complainant did not provide any new information in support of his claims in his subsequent
requests for ministerial intervention to alter these findings.
4.9
4
The complainant was removed involuntarily to China on 1 April 2010.
passing through a staged process of consideration. The evidence provided by the complainant during
the Protection Visa process has proven to lack credibility, including his claim that his migration agent
misrepresented him and advised him against attending the Refugee Review Tribunal hearing.
The medical report of the Fourth Hospital affiliated with China Medical University refers to the
following diagnosis: an incised wound in the left forearm, complete tear of the left thumb extensor
and long muscles, complete tear of the left thumb’s abducent and long muscles and separation of a
nerve in the left forearm. The report indicates that these injuries were caused as a result of selfmutilation.
5