SZFFQ v MIMIA & Anor

[2006] HCATrans 393

[2006] HCATrans 393

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S497 of 2005

B e t w e e n -

SZFFQ

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 1.11 PM

Copyright in the High Court of Australia

KIRBY J:   The applicant is a citizen of the Peoples Republic of China.  He claimed to have been persecuted by the Chinese authorities because he was a Falun Gong practitioner.  His application for a protection visa was rejected by the first respondent.  On an application for a review of that rejection the Refugee Review Tribunal (“the Tribunal”) notified the applicant that it could not, on the information provided by him, make a decision favourable to him.

The applicant not only failed to provide any further information but also failed to appear before the Tribunal to enlarge upon, or further explain, his claim. 

Both a Federal Magistrate, and a Judge of the Federal Court of Australia sitting as the Full Court of that Court have respectively affirmed the decision of the Tribunal.  In the latter Court the applicant claimed that he had not personally attended the further hearing before the Tribunal because he had had been involved in an accident.  That information was not communicated to the Tribunal and accordingly, as the Federal Court held, the Tribunal was entitled to proceed on the material before it.

There is no reason to doubt the correctness of the decision of the Federal Court of which the applicant complaints.

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 that disposition signed by Callinan J and myself.

AT 1.13 PM THE MATTER WAS CONCLUDED