Abujoudeh v Minister for Immigration & Multicultural Affairs

REASONS FOR JUDGMENT 1 The applicant is a citizen of the Kingdom of Jordan who arrived in Australia on 26 November 1997 on a student visa which expired on 6 March 1998. On that date the applicant applied for a protection visa. A delegate of the Minister for Immigration and Multicultural Affairs refused his application on 25 September 1998 and on 15 October 1998 the applicant sought a review of that decision by the Refugee Review Tribunal ("the Tribunal"). A hearing was held by the Tribunal, constituted by Member Haig, on 12 April 1999. After the hearing, but before a decision was made, Member Haig resigned from the Tribunal and the case was allocated to Member Wood. On 15 September 1999 the applicant was advised of Member Haig's resignation and was offered an opportunity to submit further information. However, the applicant was not invited to appear before the differently constituted Tribunal to give evidence or present oral arguments. The applicant did not submit any further information. On 15 March 2000 the Tribunal affirmed the delegate's decision not to grant the protection visa, formally handing down its decision on 31 March 2000. On 27 April 2000 the applicant applied to this Court for a review of that decision.

Claims and Evidence 2 The applicant was born in Jordan on 1 June 1978. He contends that he has a well-founded fear of persecution by the government of Jordan by reason of his political opinions. The applicant claims that, in August 1994, whilst he was a student in Jordan, he became a member of the political party of Hizb at-Tahrir, or the Liberation Party of Jordan ("the Party"). The Party seeks to bring about the resumption of the Islamic way of life in Jordan, advocating the non-violent overthrow of the Jordanian government, the abrogation of the Constitution and the adoption of Islamic law as the foundation of the State. The Party has been banned by the Jordanian government and all of its activities are thus illegal. The Jordanian government has been known actively to persecute and target both prominent leaders and rank and file members of the Party. 3 The applicant claims that, before becoming a member of the Party, he underwent three weeks of induction, joining a small unit or cell of about ten people. After these three weeks the leader of the cell nominated him for full membership of the Party. The Tribunal summarised his evidence as follows: "There were no papers or formal documents of membership because the party was a prohibited one. The organisation was secretive and so no member was allowed to know the identity except of the few others in his cell group. … He stated that his first activity as a member of Al-Tahrir was to join with a party speaker and a few other members to speak to people in mosques and other educational facilities. These speeches were designed to raise the people's awareness about the political system in Jordan which meant, of course, criticising the government. He took part in these rounds of speech-making until May 1995. He told the Tribunal that he was not totally involved in party activities as he was also studying at the time. The Applicant claimed that in about May 1995 the party intensified its criticism of the government … [The applicant] was required to attend the prayer services and afterwards to speak to youths about the party and the government and to hand out pamphlets. He also pasted pamphlets around the walls of the city and surrounding towns." 4 In late 1995, Sheik Taher Abdul Hamid, a prominent member of the Party, was arrested after making a speech denouncing the government. Thereafter, Party members, including the applicant, decided to speak out openly in an effort to arouse people to rise against the government. At the end of January 1996, the applicant claimed, he was arrested by the authorities. The Tribunal noted; "He was on his way home one evening when he was approached by several members of the security service, the Mokhabarat. They questioned him and hit him. They then took him in a car to a building with a basement and threw him into a cell. For three days he was continuously questioned about his activities and he was tortured and beaten. He was imprisoned for 56 days. He was tortured every week that he was there. On his release he was warned that the treatment would be even more severe the next time. He did not believe that this was a random arrest." 5 The applicant also claimed that before his arrest his parents did not know of his political activities. Whilst he was in detention his parents were concerned about his whereabouts and sought to locate him through friends, but did not report his disappearance to the police, because the police were generally unhelpful in such circumstances. After his release the applicant limited his activities in support of the Party and returned to school, completing his secondary education in about July 1996. Despite receiving overall marks of 77% he was not offered a place in any tertiary institution. He was certified by the management of the Ithad Madaba Club as having achieved the distinction of winning a gold medal in a cross-country race and as a result the Directorate of Education added five marks to his score in the General Secondary Certificate.. 6 In early 1996 there was a change of government and for a while the situation calmed down. However, as the Tribunal recited; "The Applicant stated that in June or July 1996, there was a massive price rise for all commodities and an increase in unemployment. His party began to mobilise again and the pamphlet distribution campaign was increased. After a rise in the price of bread, the people revolted and there were many demonstrations. He joined in every demonstration that he could. During the demonstrations there was sometimes vandalising of government symbols and offices and clashes with the police. The government used tear gas and baton charges to break up the demonstrations. He was caught in this demonstration and beaten severely. He was detained for three days and continued to be physically abused. Fortunately the government decided to blame the demonstration on the Iraqi Ba'athist party and allowed some people, including himself, to go free. It was at this time that he had sustained an injury to his shoulder which resulted in him going to hospital later in September." 7 After this, and as a result of a number of high profile arrests of members of the Party, the applicant decided to go into hiding, while still actively distributing pamphlets and attending meetings at night. The Tribunal noted; "He continued with these activities until March 1997 when he was sent a letter requiring him to present himself to the Mokhabarat. He did not attend but instead went to hide with some friends in Al Ba'aga. About ten days later his parents telephoned him to say that the security forces had been to the family home searching for him and had taken the Applicant's brother in his stead. His brother was questioned and beaten and then released on the assumption that he would bring his brother to them. The Applicant stated that he spent the next two months in hiding at his sister's house. He remained in contact with other members of the party cell. He asked to be transferred to another cell and this was done. He moved to Al-zarka where he lived with a party friend and resumed his education. The Applicant stated that during that time his family told him they had received another notice from the security officials and he also heard that his friend who had introduced him to the party had been arrested. He decided it was necessary for him to flee the country." 8 The applicant thus applied for a student visa to come to Australia. The applicant had, in the previous year, obtained a passport. In support of his visa application the applicant was required to provide Australian immigration authorities with a Good Conduct Certificate from the General Intelligence Directorate of Jordan. According to the applicant, as a result of his political profile, he had to obtain this certificate fraudulently and he arranged for his uncle, who was a member of the Air Force, to complete the application form using the name of the applicant's cousin which is identical to the applicant's name. Once the certificate had been obtained, the applicant replaced the photograph of his cousin with one of himself. Accordingly, the applicant was granted the student visa and he was able to leave Jordan without encountering any trouble. Since the applicant's arrival in Australia he has received information from his father that a third summons had been issued notifying him of the hearing of a criminal charge against him. As the applicant was not present, his brother had received the summons and had to report in the applicant's stead. He was placed under house arrest for 48 hours and had to sign an undertaking to hand the applicant over to the authorities when he returns.