SZJFV v Minister for Immigration and Citizenship

[2008] HCASL 332

SZJFV
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 332
S101/2008

1. The applicant is a citizen of Indonesia and arrived in Australia on 16 January 2006. On 13 March 2006 a delegate of the first respondent refused her application for a protection visa. On 18 July 2006 the Refugee Review Tribunal affirmed the delegate's decision. The applicant claimed to fear persecution in Indonesia on the basis of her Chinese ethnicity. She claimed that her business had been looted by Indonesians many times. The Tribunal wrote to the applicant inviting her to attend a hearing, but she did not respond or attend the hearing. The Tribunal proceeded to make its decision in her absence, pursuant to s 426A of the Migration Act 1958 (Cth).

2. On 9 October 2007 the Federal Magistrates Court (Nicholls FM) refused an application for review of the Tribunal's decision.  His Honour found that the Tribunal had complied with all of its statutory obligations and was entitled to proceed to a decision in the absence of the applicant.  The other grounds raised by the applicant were an attempt to obtain impermissible merits review of the Tribunal's decision.

1. On 27 February 2008 the Federal Court (Kenny J) dismissed the applicant's appeal.  Her Honour found that there was no breach of ss 425 or 425A of the Act and that the Tribunal did not err in deciding the claim on the basis of the limited evidence before it.

2. The application to this Court advances the same ground of failure to observe the required procedures as was advanced in the courts below.  There is no reason to doubt the correctness of the decisions below.

1. 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
12 June 2008