SZKLZ v Minister for Immigration and Citizenship
[2008] HCASL 377
SZKLZ
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 377
S148/2008
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 sent a letter to the applicant's mailing address advising that it had considered all the material before it relating to her application but it was unable to make a favourable decision on that information alone. The Tribunal invited the applicant to a hearing to give oral evidence and present arguments in support of her claims. She was advised that if she did not attend the hearing and the Tribunal did not postpone it, it might make a decision on her case without further notice. The Tribunal received notification from the applicant that she would attend the hearing and that she required the assistance of a Mandarin interpreter. On the day of the scheduled hearing the applicant did not attend the Tribunal. She did not contact the Tribunal to seek a postponement. She did not explain her failure to attend. In view of these circumstances and the lack of detail in the claims, the Tribunal said it was unable to be satisfied that the applicant was a Falun Gong practitioner.
The Federal Magistrates Court (Emmett FM) dismissed an application for judicial review after a hearing at which the applicant declined to make any submissions. The Federal Court of Australia (Edmonds J) dismissed an appeal.
The very brief pro forma documents filed in support of the applicant's application for special leave to appeal to this Court do not suggest that, if leave to appeal were granted, the appeal would have any prospects of success.
The application is dismissed.
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
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