SZHYO v MIMA & Anor

[2007] HCATrans 372

[2007] HCATrans 372

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S441 of 2006

B e t w e e n -

SZHYO

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, 2 AUGUST 2007, AT 9.24 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 organizer.  On 14 November 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 accept that the applicant had been involved in Falun Gong at all, and found that the applicant's testimony was vague, contradictory and implausible.

On 21 June 2006, Driver FM dismissed an application for judicial review of the Tribunal's decision. The Tribunal had not committed any jurisdictional error, and it had not misapplied s 424A of the Migration Act 1958 (Cth).

The applicant appealed to the Federal Court, and on 10 November 2006, Spender J dismissed that appeal. There was no substance to the applicant's arguments regarding ss 91R and 424A of the Migration Act.

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.  Moreover, any appeal would be futile in light of the applicant's present circumstances.  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 and I publish the disposition signed by Justice Heydon and myself.

AT 9.25 AM THE MATTER WAS CONCLUDED