SZFXG v Mica & Anor

[2007] HCATrans 786

[2007] HCATrans 786

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S157 of 2007

B e t w e e n -

SZFXG

Applicant

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
KIEFEL J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 12 DECEMBER 2007, AT 9.39 AM

Copyright in the High Court of Australia

GUMMOW J: The applicant, a citizen of the People's Republic of China, seeks special leave to appeal against the orders of a single judge of the Federal Court of Australia (Cowdroy J) exercising the appellate jurisdiction of that Court. By those orders, Cowdroy J dismissed the applicant's appeal against orders of the Federal Magistrates Court (Raphael FM) dismissing an application for review of a decision of the Refugee Review Tribunal. The Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa. The applicant claimed to fear persecution because of his membership of an underground church. The Tribunal was not satisfied that the applicant's claims were credible. The Courts rejected his claim of a breach, by the Tribunal, of s 424A of the Migration Act 1958 (Cth).

Because the applicant is unrepresented, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

The applicant's written case does not disclose an argument or identify any question of law that would justify a grant of special leave to appeal.  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. I publish the disposition signed by Kiefel J and myself.

AT 9.40 AM THE MATTER WAS CONCLUDED