SZFXT v MIAC & Anor

[2007] HCATrans 778

[2007] HCATrans 778

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S115 of 2007

B e t w e e n -

SZFXT

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 9.27 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of the People's Republic of China.  On 17 September 2004 a delegate of the first respondent refused her application for a protection visa.  The applicant claimed to have been mistreated by the Chinese police and to fear persecution on account of being a Falun Gong practitioner.  The Refugee Review Tribunal ("the Tribunal") found that the applicant was not a credible witness, and rejected her claim to have ever been a Falun Gong practitioner.  Accordingly, her application was rejected.

On 30 August 2006 Raphael FM dismissed the application for review of the Tribunal's decision.  His Honour was not satisfied that the Tribunal fell into jurisdictional error, and found that the Tribunal made adverse credibility findings which were open to it on the material before it.

Conti J dismissed the applicant's appeal to the Federal Court on 26 February 2007.  His Honour noted that the applicant's notice of appeal did not point to any error on the part of Raphael FM, and no jurisdictional error in the judgment of the Tribunal.

The applicant's written case fails to identify any legal questions.  The Tribunal's finding was straightforward and unattended by jurisdictional error.  There is no reason to doubt the correctness of the decision of the Federal Court.  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 Kiefel J and myself.

AT 9.29 AM THE MATTER WAS CONCLUDED