SZLAR v Minister For Immigration And Citizenship and Anor

[2008] HCASL 488

SZLAR
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 488
S280/2008

The applicant is a citizen of China.  He arrived in Australia in August 2006 and applied for a protection visa on the basis of his claim to fear persecution as a Falun Gong practitioner.  In a decision handed down on 21 June 2007, the Refugee Review Tribunal affirmed the decision of a delegate of the respondent Minister to refuse his application for a protection visa.

The Tribunal stated in its reasons that the applicant had demonstrated some knowledge of Falun Gong at the hearing.  However, for the detailed reasons that it gave, the Tribunal found that the account of his activities in China lacked credibility.  In the result, the Tribunal did not accept that the applicant had practised Falun Gong in China or that he had a well-founded fear of persecution in that country for a Convention reason.

An application for an order to show cause why a remedy should not be granted under s 476 of the Migration Act 1958 (Cth) ("the Act") was dismissed by Cameron FM on 14 February 2008. His Honour held that there was no failure to comply with ss 425A and 426 of the Act. The remainder of the applicant’s case sought merits review of the decision of the Tribunal.

On appeal to the Federal Court, Gordon J stated that the grounds of appeal bore no relationship to the case advanced in the Federal Magistrates Court.  In any event, her Honour was unable to discern any error in the decision of Cameron FM or jurisdictional error on the part of the Tribunal.  The appeal was dismissed on 27 May 2008.

The application in this Court alleges fraud on the part of the Tribunal.  This serious allegation is not supported by particulars and was not raised in the courts below.  No question of law is advanced that would justify the intervention of this Court.  There are no prospects of success on any appeal to this Court.  Special leave is refused.

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
28 August 2008 S.M. Kiefel