SZIFN v MIMA & Anor

[2007] HCATrans 374

[2007] HCATrans 374

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S443 of 2006

B e t w e e n -

SZIFN

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 9.27 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of China.  He sought a protection visa on the basis of his involvement with students who were planning an anniversary of the Tiananmen Square massacre.  The Refugee Review Tribunal ("the Tribunal") found that the applicant was not a credible witness, and that many of the applicant's claims were vague and lacking in detail.  In reliance on both country information before it, and the assessment of the applicant's credibility, the Tribunal did not accept that the documentation he presented was genuine, and declined to grant him a protection visa. 

The applicant sought judicial review of the Tribunal's decision in the Federal Magistrates Court, alleging a breach of s 424A(1) of the Migration Act 1958 (Cth) ("the Act") in relation to the country information it relied on. Driver FM ruled that the country information was used in reliance on the exception in either s 424A(3)(b) or s 424A(3)(c) of the Act. Driver FM ruled that the other ground of appeal advanced by the applicant relating to s 425 of the Act had no evidentiary basis, and dismissed the application. In the Federal Court, Conti J upheld the reasoning of Driver FM and dismissed the appeal to that Court.

The applicant's case before this Court discloses no question of law that would justify a grant of special leave, and shows no cause to doubt the correctness of the courts below.  There would be insufficient 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 and I publish the disposition signed by Justice Heydon and myself.

AT 9.29 AM THE MATTER WAS CONCLUDED