SZHPY v MIAC & Anor

[2007] HCATrans 670

[2007] HCATrans 670

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S83 of 2007

B e t w e e n -

SZHPY

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 THURSDAY, 15 NOVEMBER 2007, AT 9.25 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of the People's Republic of China.  She applied for a protection visa on 19 April 2005.  The applicant claimed to be a Falun Gong practitioner but was unable to answer basic questions about the group, and so on 7 June 2005 a delegate of the first respondent refused the application.  The Refugee Review Tribunal ("the Tribunal") affirmed that decision on 29 September 2005.

Scarlett FM dismissed the applicant's application to the Federal Magistrates Court on 18 August 2006. His Honour found that there had been no breach of s 424A of the Migration Act 1958 (Cth) ("the Act") and no jurisdictional error, and that there was no substance to the claim of bias.

The applicant's appeal to the Federal Court was dismissed by Middleton J on 14 February 2007. His Honour dismissed the applicant's claim of bias and held that there had been no breach of s 424A(1) of the Act and no denial of procedural fairness.

The application to this Court does not advance any questions of law justifying a grant of special leave to appeal. In the draft notice of appeal the applicant submits that the Tribunal exhibited bias towards her, breached s 424A of the Act and failed to understand her claims. The Tribunal acted within jurisdiction and there is no reason to doubt its decision. Accordingly, 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 9.26 AM THE MATTER WAS CONCLUDED