SZCPW v MIMIA

[2005] HCATrans 694

[2005] HCATrans 694

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S236 of 2005

B e t w e e n -

SZCPW

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, 8 SEPTEMBER 2005, AT 9.40 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of China.  She claims to be entitled to refugee status by reason of a well-founded fear of persecution on the ground that she is a Falun Gong practitioner. 

The Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.  Despite the circumstance that the Tribunal had attempted to contact her, the applicant did not attend the hearing before it.  The Tribunal was not satisfied either that the applicant was a member of the Falun Gong movement or that her husband was jailed in China for being a Falun Gong practitioner.  It was found that the applicant’s claims were general and lacked detail, failing to disclose such information as the applicant’s husband’s place of detention and the current care arrangements for the applicant’s 10 year old son.

The applicant sought review of the Tribunal’s decision in the Federal Magistrates Court.  The Court dismissed her application on the basis that the applicant had not shown jurisdictional error in the Tribunal’s decision.  An appeal to the Federal Court (Branson J) was dismissed.  Her Honour said that she had given careful consideration to the decision of the Federal Magistrate, the applicant not having legal representation, but was unable to identify any error in that decision.

We have reviewed the applicant’s written case and the decisions of the Tribunal, the Federal Magistrates Court and Branson J in the Federal Court.  There are insufficient prospects of success in any appeal to this Court.  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 that disposition signed by Kirby J and myself.

AT 9.41 AM THE MATTER WAS CONCLUDED