SZKJY v Minister for Immigration and Citizenship

[2008] HCASL 297

SZKJY
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 297
S76/2008

1. The applicant, a citizen of the People's Republic of China, sought a protection visa claiming a fear of persecution based on her involvement with the Falun Gong movement.  On 30 January 2007 the Refugee Review Tribunal affirmed a decision of a delegate of the first respondent to refuse to grant a visa.  The applicant did not attend a hearing, and the Tribunal found that the information provided to it was so sketchy and inadequate that it could not be satisfied as to the factual basis of the applicant's claims.

2. On an application for judicial review of the Tribunal's decision, the Federal Magistrates Court (Nicholls FM) on 12 October 2007 found that the procedures of the Tribunal were lawful and fair and that its decision was reasonable and disclosed no error.

3. On further appeal, the Federal Court of Australia (Stone J) on
   19 February 2008 found that there was no error on the part of the Federal Magistrates Court.

4. The applicant now seeks special leave to appeal to this Court.  Her proposed grounds of appeal re-assert that the original decision was factually wrong and add general and unsubstantiated assertions of procedural error, as well as a statement that the applicant is in financial difficulty.

5. There are no prospects of success of an appeal.

6. The application is dismissed.

7. 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