SZJRK v Minister for Immigration and Citizenship

[2008] HCASL 293

SZJRK
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 293
S59/2008

1. The applicant is a citizen of the People's Republic of China.  He applied for a protection visa.  The principal ground of his claimed fear of persecution is association (both personally and through his wife) with the Falun Gong movement. The Refugee Review Tribunal affirmed a decision of a delegate of the first respondent not to grant him a protection visa.  The Tribunal was not satisfied of the factual basis of the applicant's claims.

2. The applicant sought judicial review in the Federal Magistrates Court of the Tribunal's decision. On 22 October 2007 Raphael FM dismissed the application. He concluded that the grounds on which the Tribunal declined to accept the truth of the applicant's claims were perfectly reasonable, and that no error capable of sustaining judicial intervention was shown. In particular, an argument that the Tribunal failed to comply with s 424A of the Migration Act 1958 (Cth) was considered and rejected.

3. The applicant appealed to the Federal Court of Australia.  On 20 February 2008, Stone J dismissed his appeal, in effect upholding the whole of the reasoning of Raphael FM.

4. The applicant now seeks special leave to appeal to this Court.

5. There are no prospects of success of an appeal.

6. The application is dismissed.

7. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave.

A.M. Gleeson
5 June 2008 J.D. Heydon