SZKOW v Minister for Immigration and Citizenship

[2008] HCASL 184

SZKOW
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 184
S634/2007

1. The applicant is a citizen of China.  She arrived in Australia on 19 September 2006 and on 16 December 2006 a delegate of the first respondent refused her application for a protection visa.  That decision was affirmed by the Refugee Review Tribunal in a decision handed down on 3 April 2007.  The Tribunal concluded that the applicant was not a credible witness and rejected her claim to have been involved in Falun Gong.

2. Scarlett FM dismissed the application of the applicant to the Federal Magistrates Court on 17 July 2007. His Honour rejected the applicant's claims that the Tribunal had exhibited bias towards her, that there was no evidence to justify the Tribunal's decision, and that s 424A of the Migration Act 1958 (Cth) ("the Act") had been breached. It was open to the Tribunal to find that the applicant was not a credible witness, and no jurisdictional error attended its decision.

3. The applicant advanced the same claims on appeal to the Federal Court. Cowrdoy J dismissed the appeal on 29 November 2007. The principal reason for the Tribunal's decision was its finding as to the credibility of the applicant, a thought process of the Tribunal that was not subject to disclosure obligations under s 424A of the Act.

4. In her application for special leave to appeal to this Court, the applicant reiterates the arguments advanced in the Federal Magistrates Court and the Federal Court and adds that the Tribunal failed to carry out its statutory duty.  No question of law justifying a grant of special leave is advanced and the applicant has no prospects of success in this Court.  Special leave is refused.

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.

W.M.C. Gummow
24 April 2008 S.M. Kiefel