SZJYU v Minister for Immigration and Citizenship
[2008] HCASL 53
SZJYU
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 53
S467/2007
The applicant is a citizen of the People's Republic of China. The Refugee Review Tribunal upheld a decision of a delegate of the first respondent to refuse a protection visa. The Tribunal rejected the applicant's claim to fear persecution by reason of involvement with Falun Gong on credit grounds.
The Federal Magistrates Court (Emmett FM) dismissed an application for judicial review. The Federal Court of Australia (Spender J) dismissed an appeal.
The applicant contends that special leave to appeal should be granted because the Tribunal did not give him a fair opportunity to comment on inconsistencies in his claims. Whether this is so could only be established by examining a record of what happened before the Tribunal, and no record is in evidence. Hence an appeal has no arguable prospects of success.
The application is dismissed.
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 27 March 2008
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