SZLNY v Minister for Immigration and Citizenship

[2008] HCASL 464

SZLNY
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 464
S296/2008

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. 

3. The applicant claimed to be a Falun Gong practitioner who had been mistreated for that reason.  The Tribunal said it was not satisfied that she had ever been a Falun Gong practitioner.

4. The Federal Magistrates Court (Scarlett FM) refused an application for judicial review and an appeal to the Federal Court of Australia (Cowdroy J) failed. 

5. The matters raised in the papers filed in support of the applicant's application for special leave to appeal to this Court have no materiality unless the Tribunal's failure to be satisfied on the factual question of whether the applicant was a Falun Gong practitioner is overcome.  Nothing in the papers suggests that it should be.

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