SZKGB v Minister for Immigration and Citizenship

[2008] HCASL 371

SZKGB
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 371
S144/2008

1. The applicant is a citizen of the People's Republic of China.  On 29 December 2006 the Refugee Review Tribunal upheld a refusal by a delegate of the first respondent to grant a protection visa.  It rejected her claim to fear persecution for breaching the Chinese one-child policy.  It did not believe numerous specific contentions she advanced in support of that claim.  It found that in view of her age there was only a remote chance she could be forced to undergo a sterilisation and it found that there was no real chance of serious harm flowing to her for a Convention-related reason. 

2. The Federal Magistrates Court (Smith FM) dismissed an application for judicial review.  The Federal Court of Australia (Rares J) dismissed an appeal. 

3. The documents filed in support of the applicant's application for special leave to appeal to this Court make an unsustainable allegation of bias against the Tribunal, and also allege mistakes in factual reasoning, which do not go to jurisdiction.   

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. 

   M.D. Kirby  J.D. Heydon

   20 June 2008