SZCAF v MIMIA

[2005] HCATrans 809

[2005] HCATrans 809

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S218 of 2005

B e t w e e n -

SZCAF

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 THURSDAY, 6 OCTOBER 2005, AT 9.49 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of China.  He claims to be entitled to refugee status by reason of a well-founded fear of persecution by reason of his adherence to the Falun Gong faith.

The Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.  The applicant did not attend the hearing before the Tribunal.  Given the vagueness and generality of his claims and evidence, the Tribunal was not satisfied either that he was a Falun Gong practitioner or that he had been persecuted by Chinese authorities.

The applicant sought review of the Tribunal’s decision in the Federal Magistrates Court.  The Court had ordered that the applicant file and serve an amended application for review giving particulars of each ground of review upon which he sought to rely.  The applicant failed to comply with that order.  As a result, the Court summarily dismissed his application.  An application for leave to appeal to the Federal Court (Hill J) was subsequently dismissed.  His Honour saw nothing in the decision of the Tribunal to suggest jurisdictional error or error of law.

We have reviewed the applicant’s written case and the decisions of the Tribunal, the Federal Magistrates Court and the Federal Court.  There is no question appropriate to the grant of special leave to appeal from the decision of Hill J.  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 this application for special leave.  I publish the disposition signed by Kirby J and myself.

AT 9.51 AM THE MATTER WAS CONCLUDED