SZIKZ v Minister for Immigration and Citizenship

[2008] HCASL 90

SZIKZ
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 90
S411/2007

1. The applicant is a citizen of the People's Republic of China.  On 10 October 2005 a delegate of the first respondent refused his application for a protection visa.  On 31 January 2006 the Refugee Review Tribunal affirmed the delegate's decision.  The applicant claimed to be a member of the Falun Gong organisation.  He claimed that his wife was one of the leading members of Falun Gong in their region, and that he had taken responsibility for various Falun Gong activities in order to prevent his wife from being identified and targeted by the authorities.  The Tribunal was not satisfied that the applicant was a member of Falun Gong, or that he had been detained and persecuted as claimed.  It concluded that the applicant was not owed protection obligations under the Refugee Convention and the Migration Act 1958 (Cth).

2. On 19 March 2007 Raphael FM dismissed the application for judicial review.  His Honour found that the applicant had not satisfied the Tribunal that he had met the criteria for the grant of a protection visa.  If the Tribunal was not so satisfied it was required, under s 65 of the Act, to refuse the application.  The Tribunal had not fallen into jurisdictional error, and the claims of bias and of breach of procedural fairness were without foundation.

3. On 30 July 2007 Heerey J dismissed the applicant's appeal to the Federal Court.  His Honour agreed with the Federal Magistrate's findings that there was no basis for any allegation of bias or of breach of s 424A of the Act.

4. The applicant has not identified any question of law that would justify a grant of special leave to appeal.  There is no reason to doubt the correctness of the decisions below.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

W.M.C. Gummow	S.M. Kiefel
28 March 2008