SZJTP v Minister for Immigration and Citizenship

[2008] HCASL 61

SZJTP
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 61
S429/2007

1. This is an application for special leave to appeal from the Federal Court of Australia (Dowsett J).  That court dismissed an appeal from the Federal Magistrates Court (Cameron FM), in turn, dismissing a claim for judicial review addressed to the Refugee Review Tribunal ("the Tribunal").  The Tribunal had dismissed the applicant's claim for review of a decision of a delegate of the Minister not to grant the applicant a protection visa. 

2. The applicant is a national of the People's Republic of China, educated in that country and in Japan.  He claimed persecution on the basis of his expressions of political opinion and of his association with the Falun Gong organisation, although he did not contend that he was a member.

3. The Tribunal did not accept the applicant's evidence, concluding that he had been unable to provide sufficient detail of his claimed political activity or any basis for fearing persecution that might bring him within the entitlement to protection afforded by the Refugees Convention and Protocol.

4. The application for special leave complains that the rejection of the applicant's claim was not based on a rational and logical foundation and was affected by bias.  His written case asserts that if the applicant has to return to China, he would face persecution.  These are contentions of a factual kind.  They do not raise a ground of law (still less jurisdictional error) necessary to attract a grant of special leave to appeal to this Court.

5. There are no prospects that the application would succeed in this Court, were special leave granted.  It must therefore be refused.

6. Pursuant to Rule 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

M. D. Kirby
27 March 2008 J. D. Heydon