SZDVW v MIMIA

[2005] HCATrans 857

[2005] HCATrans 857

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S233 of 2005

B e t w e e n -

SZDVW

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 THURSDAY, 20 OCTOBER 2005, AT 10.59 AM

Copyright in the High Court of Australia

McHUGH J:   The applicant is a citizen of the People’s Republic of China.  He claims to be a member of the “Shouters”, an underground Christian sect which is active in China.  He claims to fear persecution on the basis of his religion and his participation in smuggling bibles into China. 

On 7 May 2004 the Refugee Review Tribunal affirmed the decision of the Minister’s delegate to refuse the applicant’s claim for a protection visa.  The Tribunal held that the applicant had not provided any evidence to support his claim in relation to smuggling bibles.  It held that the applicant’s claims “were not even supported by evidence which he himself could give.”

On 3 December 2004, the Federal Magistrates Court dismissed the applicant’s application for a review of the Tribunal’s decision.  The applicant had failed to comply with the orders of the Court and did not attend the hearing.  On 6 May 2005, the Federal Court dismissed the applicant’s application for leave to file, out of time, a notice of appeal against Nicholls FM’s decision.  The applicant seeks special leave to appeal against the Federal Court’s decision. 

The applicant’s submissions do not identify any error in the reasons of the Federal Court.  Instead, the applicant seeks to reargue the merits of Edmonds J’s decision.  That is not a basis for the grant of special leave to appeal to this Court.  The applicant also alleges that the Tribunal’s decision contained jurisdictional error.  Nothing in the applicant’s materials substantiates that allegation.  As this application discloses no arguable error of law in the decision of the Tribunal or of the Federal Court, the application for special leave to appeal must be dismissed.

Under the power conferred by r 41.10.5 we direct the Registrar to draw up, sign and seal an order that the application is dismissed.  I publish our joint reasons.

AT 11.00 AM THE MATTER WAS CONCLUDED