SZDVQ v MIMIA

[2005] HCATrans 693

[2005] HCATrans 693

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S230 of 2005

B e t w e e n -

SZDVQ

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 9.38 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of China.  He arrived in Australia in December 2003 and claims to be entitled to refugee status by reason of a well-founded fear of persecution on the ground that he 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.   The Tribunal was not satisfied, given his inability to comment on the principles espoused by it, that the applicant was a member of the Falun Gong movement.

The applicant sought review of the Tribunal’s decision in the Federal Magistrates Court. At a directions hearing a Registrar of that Court ordered that the applicant file and serve an amended application setting out in full the grounds and particulars of those grounds relied upon in seeking review, together with any evidence and affidavits, on or before 30 November 2004. That order was not complied with. Pursuant to r 13.03(2)(b) of the Federal Magistrates Court Rules, the Court dismissed the applicant’s application. Leave to appeal from this decision was subsequently refused by the Federal Court (Madgwick J). His Honour said that a grant of leave to appeal would be futile.

We have reviewed the applicant’s written case and the decisions of the Tribunal, the Federal Magistrates Court and Madgwick J in the Federal Court.  It is apparent from the applicant’s written case that he seeks merely to recontest the Tribunal’s fact‑finding process.  There are no 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 9.40 AM THE MATTER WAS CONCLUDED