NBJF v MIMIA & Anor

[2006] HCATrans 485

[2006] HCATrans 485

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S14 of 2006

B e t w e e n -

NBJF

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON TUESDAY, 5 SEPTEMBER 2006, AT 9.32 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of China claiming to be persecuted by reason of being a Falun Gong practitioner.  The Refugee Review Tribunal upheld a refusal by the first respondent’s delegate to grant a protection visa.  It did so because the material relied on by the applicant was insufficient to make out the claim.

The Federal Magistrates Court (Emmett FM) refused judicial review because she found no jurisdictional error.  In the Federal Court of Australia, Wilcox J dismissed an appeal on the ground that he agreed with the Federal Magistrate.  No arguable jurisdictional error is demonstrated in the special leave application, which must be dismissed.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave.  I publish the disposition signed by Heydon J and myself.

AT 9.33 AM THE MATTER WAS CONCLUDED