SZKCD v Minister for Immigration and Citizenship

[2008] HCASL 291

SZKCD
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 291
S54/2008

1. The Refugee Review Tribunal on 30 December 2006 affirmed a decision of a delegate of the first respondent to refuse to grant a protection visa to the applicant, who is a citizen of the People's Republic of China.  The applicant's case was based substantially upon his claims to be associated with Falun Gong.  The Tribunal disbelieved the applicant's claims, giving detailed reasons for making adverse credit findings against the applicant.

2. The applicant sought judicial review of the Tribunal's decision.  Nicholls FM in the Federal Magistrates Court on 11 September 2007 held that the Tribunal had considered the case fully and carefully and found no jurisdictional error or any other basis for setting aside the Tribunal's decision.  The application was dismissed.  An appeal to the Federal Court of Australia was dismissed by Collier J on 18 February 2008.  Collier J said that there was no substance in the appeal, that the Tribunal had carefully considered the evidence and arguments for the applicant, and that no error to sustain judicial intervention was shown.

3. The decision of Collier J was correct.

4. The application is dismissed.

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

A.M. Gleeson
5 June 2008 J.D. Heydon