SZJGH v Minister for Immigration and Citizenship

[2008] HCASL 328

SZJGH
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 328
S108/2008

1. The applicant is a citizen of the People's Republic of China.  On 17 March 2006 a delegate of the first respondent refused his application for a protection visa.  On 10 April 2007 the Refugee Review Tribunal affirmed that decision.  The applicant claimed to fear persecution as a Falun Gong practitioner, and to have been arrested and detained on this account.  The Tribunal found that the applicant was not a witness of truth.  It did not accept that he practiced Falun Gong, or that he had suffered harm as claimed. 

2. On 26 September 2007 the Federal Magistrates Court (Cameron FM) dismissed an application for review of the Tribunal's decision. His Honour rejected claims that the Tribunal's decision exhibited bias and that the Tribunal had misapplied the test for "persecution" under s 91R of the Migration Act 1958 (Cth).

3. The applicant sought to appeal to the Federal Court out of time.  On 25 February 2008 the Federal Court (Moore J) dismissed his application for an extension of time.  Although the sealed order of the Court reads that the appeal was dismissed with costs, it is clear that Moore J dismissed the applicant's application for an extension.  Accordingly, an appeal to this Court would be incompetent:  Federal Court of Australia Act 1976 (Cth), s 33(2). Further, there is no reason to doubt the correctness of the decision of Moore J. If an appeal to this Court were competent it would have no prospects of success.

4. 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