SZBBH v MIMIA

[2005] HCATrans 913

[2005] HCATrans 913

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S312 of 2005

B e t w e e n -

SZBBH

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 9 NOVEMBER 2005, AT 9.55 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of the People’s Republic of China who arrived in Australia in March 2002.  He claims to be entitled to refugee status by reason of a well-founded fear of persecution on account of his family background and as a parent of a child born in contravention of China’s “one child policy”.

The Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.  The Tribunal found the applicant’s claims to be vague and lacking essential detail, and considered it to be “unclear exactly what he fears if he returns to China”.  The applicant failed to attend a hearing after being invited to do so, and the Tribunal observed that, had the applicant attended, his claims might have been able to be tested more fully.  The Tribunal was unable to be satisfied on the material before it that the applicant had a well‑founded fear of persecution should he return to China.

The applicant sought judicial review of the Tribunal’s decision in the Federal Magistrates Court.  That Court dismissed the application as disclosing no jurisdictional error in the Tribunal’s decision.  An appeal to the Federal Court (Conti J) was dismissed.

We have considered the applicant’s written case and the decisions of the Tribunal, the Federal Magistrates Court and the Federal Court.  There would be insufficient prospects of success in any appeal to this Court to warrant a grant of special leave.  Accordingly special leave to appeal is refused.

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 Kirby J and myself.

AT 9.57 AM THE MATTER WAS CONCLUDED