SZIXI v MIAC & Anor

[2007] HCATrans 777

[2007] HCATrans 777

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S113 of 2007

B e t w e e n -

SZIXI

Applicant

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
KIEFEL J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 12 DECEMBER 2007, AT 9.26 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of China who claims to fear persecution because of his breach of the one child policy.  On 5 April 2006, 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 claims made by the applicant before the Tribunal were inconsistent with those made in his application for a protection visa.  While the Tribunal accepted that the applicant had breached the one child policy, it did not accept that he had suffered any persecution as a result, and it did not accept that he was a person who was owed protection obligations.

An application for judicial review by the Federal Magistrates Court was dismissed by Scarlett FM on 17 October 2006.  The Tribunal's adverse findings were untainted by jurisdictional error.  An appeal to the Federal Court was dismissed by Siopis J on 21 February 2007.

The application for special leave to appeal does not advance any question of law that would justify the intervention of this Court.  In addition to the matters considered by the Tribunal and courts below, the decision of this Court in Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 stands as an obstacle to the applicant's success. There are no 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.  I publish the disposition signed by Kiefel J and myself.

AT 9.27 AM THE MATTER WAS CONCLUDED