SZOXR v Minister for Immigration and Citizenship

[2011] HCASL 181

SZOXR
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2011] HCASL 181
S297/2011

1. The applicant is a citizen of the People's Republic of China.  She entered Australia in May 2009 on a student visa.  In June 2010 she applied for a protection visa.  She claimed to fear persecution in China because of her practice of Falun Gong.  The Minister's delegate refused the application.

2. The applicant sought merits review before the Refugee Review Tribunal ("the Tribunal").  The Tribunal affirmed the delegate's decision.  It found that her claims lacked credibility.  They were inconsistent and implausible. 

3. An application for judicial review was dismissed by the Federal Magistrates Court (Emmett FM). 

4. An appeal to the Federal Court (Katzmann J) was dismissed. 

5. The applicant seeks special leave to appeal from the orders of the Federal Court. Her written case is largely taken up with a recitation of the factual claims that were unsuccessfully advanced before the Tribunal. There is an unparticularised assertion of the non-observance of procedures required to be observed under the Migration Regulations 1994 (Cth). Nothing in the draft notice of appeal or the written case engages with the reasoning of the court below. There is nothing to call into question the correctness of that decision. If special leave to appeal were granted the appeal would have no prospect of succeeding.

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.

J.D. Heydon
26 October 2011 V.M. Bell