SZJMF v Minister for Immigration and Citizenship

[2008] HCASL 491

SZJMF
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 491
S237/2008

The applicant is a citizen of China who claims to fear persecution in that country because of his membership of a workers' union and participation in industrial action.  On 19 September 2006, the Refugee Review Tribunal affirmed the decision of a delegate of the respondent Minister to refuse his application for a protection visa.

The applicant was invited to appear before the Tribunal but did not do so. Pursuant to s 426A of the Migration Act 1958 (Cth) ("the Act"), the Tribunal made a decision in his absence. The Tribunal stated in its reasons that the applicant had failed to provide details about his claims and that it was unable to be satisfied, on the evidence before it, that the applicant had a well-founded fear of persecution for a Convention reason.

An application for an order to show cause why a remedy should not be granted under s 476 of the Act was dismissed by Raphael FM on 30 November 2007. His Honour held that the procedures required by the Act had been complied with and that there was no jurisdictional error on the part of the Tribunal.

An appeal to the Federal Court was dismissed by McKerracher J on 13 May 2008.  No reviewable error was apparent to his Honour in either the decision of the Federal Magistrate or the decision of the Tribunal.

The application for special leave to appeal does not advance any question of law that would justify the intervention of this Court.  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.

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