SZJWM v Minister for Immigration and Citizenship

[2008] HCASL 274

SZJWM
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 274
S642/2007

1. The applicant is a national of the People's Republic of China.  She arrived in Australia in April 2006 and applied for a protection visa.  A delegate of the Minister for Immigration and Citizenship refused her application.  She sought review by the Refugee Review Tribunal ("the Tribunal").  The Tribunal rejected her application on the basis that key aspects of her account were not credible.

2. The applicant then sought judicial review from the Federal Magistrates Court (Scarlett FM).  When this was refused, she appealed to the Federal Court, where the appellate jurisdiction was exercised by Dowsett J.  His Honour dismissed the appeal.  It is from that order that the applicant seeks special leave to appeal to this Court.

3. The applicant's case before the Tribunal was that she had witnessed the murder of a friend's husband by a businessman who had connections with the Chinese Public Security Bureau.  She claimed that when she accompanied the deceased's wife to complain to police, they were both arrested and accused of anti-government activities.  She then left China and sought protection in Australia.

4. In the claim for judicial review, the applicant has pressed allegations of bias and non-compliance with ss 424A and 425 of the Migration Act 1958 (Cth) ("the Act"). All of these claims have been rejected. In the Federal Court, Dowsett J observed that the Tribunal's reasons were terse. However, he could find no jurisdictional error. If she had been believed, the applicant's case could have given rise to an entitlement to protection. We have therefore examined the record closely to see whether any basis for jurisdictional error might be established. We can find no such basis. The applicant basically seeks to contest the factual findings made in the Tribunal. As such, her application does not enjoy reasonable prospects of success in an appeal to this Court.

5. The application falls to be dealt with in accordance with Rule 41.10.5 of the High Court Rules.  It is rejected and in accordance with that Rule, we direct that the Registrar draw up, sign and seal an order dismissing the application.

M.D. Kirby
22 May 2008 J.D. Heydon