SZHRY v MIAC & Anor

[2007] HCATrans 668

[2007] HCATrans 668

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S80 of 2007

B e t w e e n -

SZHRY

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 9.22 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of China who claims to fear persecution on the grounds of religion because of his involvement in an underground Roman Catholic church.  On 26 October 2005, the Refugee Review Tribunal affirmed the decision of a delegate of the respondent Minister to refuse the applicant's application for a protection visa.  The Tribunal did not find the applicant to be a credible witness, and disbelieved his claims about being a Roman Catholic or being involved in an underground church.

An application for judicial review by the Federal Magistrates Court was dismissed by Baumann FM on 24 October 2006.  The Tribunal's adverse credibility findings were untainted by jurisdictional error.  An appeal to the Federal Court was dismissed by Gyles J on 22 February 2007.

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 Kiefel and myself.

AT 9.23 AM THE MATTER WAS CONCLUDED