SZEGD v MIMIA

[2005] HCATrans 910

[2005] HCATrans 910

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S303 of 2005

B e t w e e n -

SZEGD

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 WEDNESDAY, 9 NOVEMBER 2005, AT 9.49 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of the People’s Republic of China who arrived in Australia in March 2004.  He claims to be entitled to refugee status on account of a well-founded fear of persecution for reasons of imputed political opinion as a practitioner of Falun Gong.

The Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.  The applicant’s written statement was vague and lacked important detail concerning his involvement in the Falun Gong movement and his supposed persecution by Chinese authorities.  He did not attend a hearing when the Tribunal invited him to do so.  As a result of the lack of information provided by the applicant, the Tribunal disbelieved his claims entirely.

The applicant sought judicial review of the Tribunal’s decision in the Federal Magistrates Court.  That Court dismissed the application as demonstrating no basis for judicial review.  An appeal to the Federal Court (Branson J) was dismissed.

We have considered the applicant’s written case and the decisions of the Tribunal, the Federal Magistrates Court and the Federal Court.  There would be no prospect of success in any appeal to this Court from the Federal Court.  Accordingly, special leave is refused.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave.  I publish the disposition signed by Kirby J and myself.

AT 9.51 AM THE MATTER WAS CONCLUDED