SZJYI v Minister for Immigration and Citizenship

[2008] HCASL 465

SZJYI
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 465
S184/2008

1. The applicant is a citizen of the People's Republic of China.

2. The Refugee Review Tribunal upheld a decision of a delegate of the first respondent refusing the applicant's application for a protection visa. 

3. Key aspects of the applicant's claim to be a Falun Gong practitioner and to have been persecuted for that reason were rejected by the Tribunal on credit grounds. 

4. The Federal Magistrates Court (Lloyd-Jones FM) refused an application for judicial review.  The Federal Court of Australia (Reeves J) dismissed an appeal on the ground that the applicant failed to attend the hearing.

5. The papers filed in support of the applicant's application for special leave to appeal to this Court make criticisms of Reeves J's reasons (which is curious since he gave none) and also criticised Gilmour J (which is curious since he did not sit).

6. An appeal would fail and the application must be 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.

   M.D. Kirby  J.D. Heydon
   7 August 2008