SZJOB v Minister for Immigration and Citizenship

[2008] HCASL 192

SZJOB
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 192
S539/2007

1. The applicant is a national of the People's Republic of China.  Soon after his arrival in Australia he applied for a protection visa, claiming to be a "refugee" under the Refugees Convention and Protocol.  He asserted a fear of persecution for reasons of his Christian religion.  A delegate of the Minister refused his application. 

2. The applicant sought review before the Refugee Review Tribunal.  The Tribunal rejected his claim.  It noted his lack of knowledge about Christian beliefs and his lack of contact with Christians since arriving in Australia.

3. The applicant sought judicial review from the Federal Magistrates Court (Smith FM).  That court was unable to identify any jurisdictional error or other grounds for relief.  An appeal to the Federal Court of Australia was dismissed.  Cowdroy J rejected complaints about the Tribunal's treatment of the evidence and of the application of s 424A(3)(b) of the Migration Act 1958 (Cth).

4. The application to this Court is substantially based on what are purely factual grounds, although some reference is made to s 424A.

5. We see no reasonable prospects that an appeal would succeed if special leave were granted.  Essentially, the applicant's case was dismissed by the Tribunal on the basis of its assessment of the applicant's credibility.  The application is dismissed.

6. Pursuant to Rule 41.10.5 of the High Court Rules we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave. 

M. D. Kirby
24 April 2008 J. D. Heydon