SZIMD v Minister for Immigration and Citizenship

[2008] HCASL 91

SZIMD
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 91
S412/2007

1. The applicant is a citizen of China.  On 22 September 2005 a delegate of the first respondent refused his application for a protection visa.  The applicant claimed to have been a Falun Gong member since 1998 and to have been detained and tortured on five occasions between 1999 and 2004.  On 9 February 2006 the Refugee Review Tribunal dismissed his application for review.  The Tribunal stated that the only substantive evidence before it was the applicant's oral evidence and it found the applicant not to be a credible witness on key aspects of his claims.

2. On 5 April 2007 Cameron FM dismissed the application for review of the Tribunal's decision. His Honour found that the Tribunal's decision relied on the applicant's oral evidence, thus there was no obligation under s 424A(1) of the Migration Act 1958 (Cth) to notify the applicant of the use of that information. His Honour found, to the contrary of the applicant's contention, that the Tribunal provided adequate reasons for its decision.

3. The Federal Court (Heerey J) dismissed an appeal from that decision on 31 July 2007.  His Honour found no error in the reasons of Cameron FM and dismissed an allegation of bias, as no evidence was provided to support the allegation.

4. The applicant's draft notice of appeal is of a template kind.  It discloses no question of law which would justify the 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
28 March 2008 S.M. Kiefel