SZLTZ v Minister for Immigration and Citizenship

[2008] HCASL 567

SZLTZ
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 567
S391/2008

1. The applicant is a citizen of the People's Republic of China.  A delegate of the first respondent refused the applicant's application for a protection visa.  The Refugee Review Tribunal upheld that decision.  The applicant claimed to fear persecution on the basis that she was a Falun Gong practitioner who had been dismissed from her employment on that account.  The Tribunal disbelieved her claim to be a Falun Gong practitioner. 

2. The Federal Magistrates Court (Lloyd-Jones FM) dismissed an application for judicial review. 

3. The Federal Court of Australia (Gordon J) dismissed an appeal.  In particular, like Lloyd-Jones FM, Gordon J considered that the Tribunal was entitled to draw on its own accumulated knowledge from past proceedings provided that it retained an open mind in assessing the claims of this particular applicant.

4. The papers filed in support of the applicant's application for special leave to appeal to this Court alleged that the Tribunal was affected by bias "and did not make a fair decision".  These points are not elaborated and there is no material to support them.  An appeal would enjoy no prospects of success.

5. The application is dismissed. 

6. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

   M.D. Kirby  J.D Heydon
   2 December 2008