SZKNQ v Minister for Immigration and Citizenship

[2008] HCASL 468

SZKNQ
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 468
S228/2008

1. The applicant is a citizen of the People's Republic of China.

2. The Refugee Review Tribunal upheld a decision of a delegate of the first respondent refusing the applicant a protection visa.  The Tribunal said that it could not be satisfied that the ground on which the applicant claimed to fear persecution, namely that she was a practitioner of Falun Gong, was made out.  The difficulties facing the Tribunal were increased by the fact that despite having been invited to do so, the applicant failed to attend the hearing before the Tribunal.

3. The Federal Magistrates Court (Nicholls FM) refused an application for judicial review on the ground that no jurisdictional error had been committed by the Tribunal.

4. The Federal Court of Australia (Logan J) dismissed an appeal. 

5. The papers filed by the applicant in support of her application for special leave to appeal to this Court disclose no reason for believing that if special leave were granted an appeal would have any prospects of success. 

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.

   M.D. Kirby  J.D. Heydon
   7 August 2008