SZICG v MIMA

[2007] HCATrans 377

[2007] HCATrans 377

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S447 of 2006

B e t w e e n -

SZICG

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 9.32 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of the People's Republic of China.  He claimed a protection visa on the ground that he was persecuted as a Falun Gong practitioner.  A delegate of the first respondent decided to refuse that application.  That decision was upheld by the Refugee Review Tribunal on the ground that the applicant's claims were insufficiently specific.  The Federal Magistrates Court (Scarlett FM) refused an application for judicial review.  The Federal Court of Australia (Cowdroy J) dismissed an appeal.

In the courts below the applicant alleged that the Tribunal had breached s 424A of the Migration Act 1958 (Cth) by not giving him notice of independent country information. The allegation was rejected because the Tribunal did not rely on any independent country information. The applicant also alleged that the Tribunal ought not to have decided his claim in his absence because ss 425A and 426A had not been complied with. This allegation was also rejected.

The applicant's application for special leave to appeal to this Court relies on the first allegation, and also on other grounds of a factual character not raised before.  Were special leave granted, the appeal would have no prospects of success.  The application is dismissed.

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 9.33 AM THE MATTER WAS CONCLUDED