SZGXA v MIAC & Anor

[2008] HCATrans 108

[2008] HCATrans 108

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S303 of 2007

B e t w e e n -

SZGXA

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 FRIDAY, 29 FEBRUARY 2008, AT 9.41 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of the People’s Republic of China. On 27 January 2005 a delegate of the first respondent refused the application for a protection visa. The Refugee Review Tribunal rejected the application for review of that decision on 21 June 2006. The applicant did not appear before the Tribunal to give oral evidence, and pursuant to s 426A of the Migration Act 1958 (Cth) the Tribunal proceeded to make its decision without taking any further action to enable the applicant to appear before it. The Tribunal was not satisfied by the applicant’s claim to fear persecution as a Falun Gong practitioner.

Emmett FM dismissed the applicant’s application for review of the decision of the Tribunal on 14 February 2007. Her Honour found that the decision of the Tribunal to proceed in accordance with s 426A was without error.

Collier J dismissed the appeal to the Federal Court on 21 May 2007.  There was no evidence to support the applicant’s claim that the Tribunal acted with bias, and there was no information to which s 424A attached.

The applicant’s case before this Court advances the same unparticularised claims as were made in the Federal Court. There is no reason to doubt the decision of that Court that the Tribunal was entitled to proceed by virtue of s 426A. 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 Justice Kiefel and myself.

AT 9.43 AM THE MATTER WAS CONCLUDED