SZKDA v Minister for Immigration and Citizenship

[2008] HCASL 369

SZKDA
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 369
S140/2008

1. The applicant is a national of the People's Republic of China.  She arrived in Australia in March 2005 and applied for a protection visa.  Her application was refused.  The Refugee Review Tribunal ("the Tribunal"), in a second hearing, affirmed the decision of the Minister's delegate.  An application for judicial review to the Federal Magistrates Court (Lloyd-Jones FM) was rejected for want of any jurisdictional error.  An appeal to the Federal Court of Australia (Siopis J) was dismissed.

2. The applicant's claim to be a "refugee" was based on her status as a practitioner of Falun Gong.  This was alleged to have occasioned persecution by the authorities in China.  The Tribunal, in its second hearing, rejected the applicant's claims, observing that the applicant had demonstrated a complete lack of knowledge of Falun Gong.

3. The applicant's request for special leave to appeal from this Court is, in substance, an attempt to revisit the merits of her application. No legal or jurisdictional error is disclosed.  No question of principle arises.  The case is not one suitable for a grant of special leave to appeal.  The applicant's application is therefore refused.

4. In accordance with Rule 41.10.5 of the High Court Rules we direct the Registrar to draw up, sign and seal an order dismissing the application.

M. D. Kirby
20 June 2008 J. D. Heydon