SZCNF v MIMIA

[2005] HCATrans 831

[2005] HCATrans 831

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S290 of 2005

B e t w e e n -

SZCNF

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

McHUGH J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 7 OCTOBER 2005, AT 9.04 AM

Copyright in the High Court of Australia

McHUGH J:   The applicant is a citizen of the People’s Republic of China.  He arrived in Australia on 11 September 2002.  On 12 November 2002 a delegate of the Minister refused his application for a protection visa.  On 24 November 2003, the Refugee Review Tribunal affirmed that decision.  On 7 December 2004, the Federal Magistrates Court dismissed the applicant’s application for a review of the Tribunal decision for failure to comply with that Court’s orders.  On 12 May 2005, the Federal Court dismissed an application to appeal from the decision of the Federal Court.

Both the Federal Magistrates Court and the Federal Court determined that the Tribunal’s decision was based on findings of fact which were open to it to make.  Specifically, the Tribunal concluded that the applicant’s evidence was not reliable, and that his explanations concerning the circumstances in which he was able to leave and re-enter China were implausible.  In his submissions to this Court, the applicant does not point to any legal error which could justify a grant of special leave to appeal.  His written case does no more than raise facts which have already been dealt with by the Courts below.  In these circumstances, the application for special leave must be refused.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing this application.  I publish our joint reasons.

AT 9.04 AM THE MATTER WAS CONCLUDED