SZKIW v Minister for Immigration and Citizenship

[2008] HCASL 374

SZKIW
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 374
S151/2008

1. The applicant is a citizen of the People's Republic of China.  The Refugee Review Tribunal upheld a refusal by a delegate of the first respondent to grant a protection visa.  The applicant claimed to fear persecution as a Falun Gong practitioner.  The Tribunal did not believe his evidence that he was a Falun Gong practitioner.   

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

3. Apart from an unsustainable claim of bias, the documents filed in support of the applicant's application for special leave to appeal to this Court advance grounds which, when boiled down, complain only of factual error.

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