SZEBT v MIMIA & Anor

[2006] HCATrans 395

[2006] HCATrans 395

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S501 of 2005

B e t w e e n -

SZEBT

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

KIRBY J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 3 AUGUST 2006, AT 1.14 PM

Copyright in the High Court of Australia

KIRBY J:   This applicant is a Chinese citizen.  He claims to have been obliged to leave China to escape persecution as a follower of Falun Gong (“the Movement”).  The first respondent refused to grant a protection visa. 

He sought a review of that refusal in the Refugee Review Tribunal (“the Tribunal”).  The Tribunal was not satisfied that the applicant held any well founded fear of persecution for the reason that he was a practitioner of Falun Gong.  He had been unable to answer elementary questions about the Movement with respect to the exercises that its members perform, its symbol, the name of the person who introduced him to it, and the benefits to practitioners of it.

The Tribunal was of the view that most of his claim was implausible and fanciful. 

In the Federal Magistrates Court the applicant contended that the Tribunal had been biased against him and had given him no proper opportunity to explain his application.  He provided no particulars of these matters.  In neither the Federal Magistrates Court nor in the Federal Court, to which the applicant then appealed, was he able to demonstrate any error of law or jurisdiction on the part of the Tribunal to warrant any interference with its decision.

Neither his draft notice of appeal, nor his written argument in this Court succeeds in identifying any errors or such kinds.  Accordingly the application for leave to appeal to this Court must be dismissed.

Because the applicant is unrepresented, this application for special leave falls to be dealt with in accordance with rule 41.10 of the High Court Rules 2004. Pursuant to rule 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing this application. I publish the disposition signed by Callinan J and myself.

AT 1.16 PM THE MATTER WAS CONCLUDED