SZKAX v Minister for Immigration and Citizenship

[2008] HCASL 330

SZKAX
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 330
S119/2008

1. The applicant is a citizen of the People's Republic of China.  On 31 July 2006 a delegate of the first respondent refused his application for a protection visa.  On 19 December 2006 the Refugee Review Tribunal affirmed the delegate's decision.  The applicant claimed to be a Falun Gong practitioner, and to have introduced some of his professional colleagues to the organisation.  He claimed that various people in this group had been arrested on account of their membership.  The Tribunal found that the applicant's critical claims lacked credibility and could not be accepted.  The Tribunal found that the applicant was unaware of Falun Gong practices and philosophies, and that he had never been a practitioner.

2. On 25 October 2007 the Federal Magistrates Court (Lloyd-Jones FM) refused an application for review of the Tribunal's decision. His Honour found no bias on the part of the Tribunal and no breach of s 424A of the Migration Act 1958 (Cth).

3. On 6 March 2008 the Federal Court (Edmonds J) dismissed the applicant's appeal. On the s 424A issue, his Honour found that the evidence relied upon by the Tribunal in reaching its findings was captured by the exception under s 424A(3)(b) of the Act. His Honour also rejected a further claim by the applicant that the Tribunal had breached s 91R of the Act.

4. The application to this Court merely restates the grounds agitated before the Federal Court.  The applicant has not identified any question of law that would justify the grant of special leave to appeal.  The Tribunal's decision turned upon its adverse view of the applicant's credibility, and there is no reason to doubt the correctness of the decisions below.

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

W.M.C. Gummow	S.M. Kiefel
12 June 2008