SZJMX v Minister for Immigration and Citizenship

[2008] HCASL 237

SZJMX
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 237
S618/2007

1. The applicant is a citizen of the People's Republic of China.  On 2 May 2006 a delegate of the first respondent refused his application for a protection visa.  On 19 September 2006 the Refugee Review Tribunal affirmed the delegate's decision.  The applicant claimed to fear persecution as a Falun Gong practitioner.  He also claimed that his home had been damaged by suppliers of the supermarket where he worked, because they were owed money by the supermarket's owner.  The Tribunal found that the applicant was not a witness of truth, and it did not accept that he was a Falun Gong practitioner.  It followed that the Tribunal did not accept that the applicant feared persecution on the basis of his claimed involvement in Falun Gong activities.  Whilst the Tribunal accepted that the applicant had come into conflict with the supermarket's suppliers, and that he feared further harm at their hands, the Tribunal found that this was not a Convention-based fear of persecution. 

2. On 24 July 2007 Cameron FM dismissed an application for review of the Tribunal's decision. His Honour rejected claims that the Tribunal had breached ss 424A and 430 of the Migration Act 1958 (Cth). His Honour found that there was no bias on the part of the Tribunal and that the Tribunal was not obliged to conduct its own inquiries in order to amass more independent information about the applicant's claims.

3. Flick J dismissed the applicant's appeal to the Federal Court on 15 November 2007.  His Honour found no error in the Federal Magistrate's approach.  He rejected further grounds which were sought to be argued:  that the Tribunal's decision lacked a logical or rational foundation and that the Tribunal had breached s 91R of the Act.

4. The applicant has not advanced any question of law that would justify the grant of special leave to appeal.  It was open to the Tribunal to find that the applicant was not a Falun Gong practitioner.  There was no jurisdictional error in the Tribunal's decision, and no error of law in 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	S.M. Kiefel
15 May 2008