SZDWE v MIMIA

[2005] HCATrans 268

[2005] HCATrans 268

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S42 of 2005

B e t w e e n -

SZDWE

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 CANBERRA ON WEDNESDAY, 27 APRIL 2005, AT 1.51 PM

Copyright in the High Court of Australia

McHUGH J:   The Refugee Review Tribunal rejected the claim of the applicant, a Chinese national, for a protection visa on the ground that the applicant’s claims of involvement with the Falun Gong were vague and unsupported and that, even if it were accepted that the applicant was an ordinary member of the Falun Gong, the independent country evidence indicates that only leaders and organisers of the Falun Gong were likely to be targeted by the Chinese authorities for persecution.

The Federal Magistrates Court held that the factual findings that the Tribunal reached were open to the Tribunal. The Federal Magistrates Court found no jurisdictional error.

The Federal Court dismissed an appeal on the ground that there was no procedural error or jurisdictional error, and that the applicant was not entitled to a merits review, as all evidence was before the Tribunal.

The applicant’s special leave application complained of the Tribunal’s failure to take into account relevant considerations, jurisdictional error, error of law and procedural unfairness.  There is no reason to doubt the correctness of the Federal Court decision.  An appeal would have no prospect of success.  The application must be dismissed.

Under the power conferred by rule 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing this application.  I publish our joint reasons.

AT 1.51 PM THE MATTER WAS CONCLUDED