SZQIJ v Minister for Immigration and Citizenship

[2012] HCASL 150

SZQIJ

v

MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR

[2012] HCASL 150
S140/2012

1. The applicant is a citizen of the People's Republic of China. She arrived in Australia on 23 April 2009.  On 3 June 2010 she lodged an application for a protection visa.  She claimed to fear persecution in China because of her practice of Falun Gong.  She was invited to attend an interview with a delegate of the Minister.  She failed to do so.  On 1 September 2010 the delegate refused the application. 

2. The applicant applied to the Refugee Review Tribunal ("the Tribunal") for a review of the delegate's determination.  The Tribunal considered that the applicant's claims lacked credibility.  It did not accept that she had been a Falun Gong practitioner in China or that she would be perceived by the Chinese authorities to be associated with Falun Gong practitioners.  It affirmed the delegate's decision.

3. An application for judicial review of the Tribunal's decision was dismissed by the Federal Magistrates Court (Emmett FM). 

4. The applicant appealed from the order of the Federal Magistrates Court to the Federal Court of Australia (Robertson J). The appeal was dismissed under r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth) after the applicant failed to attend court on the date fixed for the hearing. The applicant does not appear to have taken any steps that may have been available to her under the Federal Court Rules to have the order of dismissal set aside. Instead, she applies for special leave to appeal from the judgment of the Federal Court on grounds directed to the merits of the Tribunal's determination. Her written case contains a narrative account of her claims and the assertion that "I meet the refugee criteria".

5. The application is misconceived. 

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

J.D. Heydon
13 November 2012 V.M. Bell