SZOWU v Minister for Immigration and Citizenship
[2011] HCASL 194
SZOWU
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2011] HCASL 194
S275/2011
The applicant is a citizen of the People's Republic of China and arrived in Australia on 11 November 2009. He applied for a Protection (Class XA) visa on 27 January 2010. On 4 May 2010, a delegate of the first respondent refused his application.
On 6 December 2010, the Refugee Review Tribunal ("the Tribunal") affirmed the delegate's decision. The applicant claimed to fear persecution on the basis that he was a Falun Gong practitioner who had been targeted and mistreated by Chinese authorities. The Tribunal found that the applicant lacked credibility. It noted that certain answers given by the applicant were identical to claims submitted by another applicant for the same visa in 2003. It also noted that aspects of the applicant's claims were belatedly raised and inconsistent with country information.
On 3 May 2011, the Federal Magistrates Court (Cameron FM) dismissed the applicant's application for review of the Tribunal's decision. The grounds advanced by the applicant centred on an allegation that the Tribunal failed to take certain evidence of his personal circumstances in China into account, a complaint about the Tribunal's treatment of evidence he gave of his practice of Falun Gong in Australia and its disregard of that evidence pursuant to s 91R(3) of the Migration Act 1958 (Cth). Cameron FM found there was no jurisdictional error in the part of the Tribunal.
On 2 August 2011, the Federal Court (Collier J) dismissed the applicant's appeal. Her Honour noted that none of the grounds advanced in that Court were raised before the Federal Magistrate, gave leave to the applicant to raise them, but dismissed the appeal, finding that none of the grounds revealed any appellable error in the decision of Cameron FM or identified any jurisdictional error in the decision of the Tribunal.
The application to this Court does not advance any questions of law that would justify the grant of special leave to appeal. There is no reason to doubt the conclusions reached in the Court below.
Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the applications.
W.M.C. Gummow S.M. Kiefel 1 December 2011
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