SZHPV v MIMA & Anor

[2007] HCATrans 527

[2007] HCATrans 527

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S471 of 2006

B e t w e e n -

SZHPV

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 6 SEPTEMBER 2007, AT 9.16 AM  

Copyright in the High Court of Australia

GUMMOW J: The applicant is a citizen of the People's Republic of China who claims to fear persecution as a Falun Gong practitioner. A delegate of the respondent Minister refused the applicant's application for a protection visa, and the applicant then applied to the Refugee Review Tribunal for review of that decision. The Tribunal wrote to the applicant pursuant to s 425 of the Migration Act 1958 (Cth) inviting him to give oral evidence, but the Tribunal received no response or appearance from either the applicant or his advisor. In the applicant's absence, the Tribunal refused his application on 28 September 2005 pursuant to s 426A of the Migration Act, as his claims were generic and lacking in detail.

An application for judicial review of the Tribunal's decision was refused by Scarlett FM on 10 August 2006 and an appeal to the Federal Court was dismissed by Middleton J on 17 November 2006 when the applicant failed to appear. There was no merit in any of the applicant's purported grounds of appeal.

The application for special leave to appeal does not advance any question of law that would justify the intervention of this Court. There are no prospects of success on any appeal to this 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 Justice Heydon and myself.

AT 9.17 AM THE MATTER WAS CONCLUDED