SZQOP v Minister for Immigration and Citizenship

[2012] HCASL 193

SZQOP

v

MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR

[2012] HCASL 193
S241/2012

1. The applicant is a citizen of the People's Republic of China.  She arrived in Australia on 16 October 2010 and applied for a Protection (Class XA) visa on 14 December 2010.  On 4 April 2011, a delegate of the first respondent refused her application. 

2. On 2 May 2011, the applicant applied to the Refugee Review Tribunal ("the Tribunal") for review of the delegate's decision.  The applicant claimed to fear persecution in China by reason of her Christian faith.  The Tribunal formed an adverse opinion of the applicant's credibility and her evidence.  It found that she was not a Christian as she claimed, and that she had not suffered the past harm that she had related to the Tribunal.  On 29 July 2011, the Tribunal affirmed the delegate's decision.

3. The applicant sought judicial review in the Federal Magistrates Court of Australia.  Nicholls FM dismissed the application on 5 April 2012, finding no jurisdictional error in the Tribunal's decision.  More specifically, his Honour found that the Tribunal had not denied the applicant procedural fairness.

4. On appeal, the Federal Court (Griffiths J) held that the applicant had failed to establish any appealable error in the Federal Magistrate's reasoning and dismissed the appeal with costs on 8 August 2012.  The applicant seeks special leave to appeal from the decision of the Federal Court.

5. As the applicant does not have legal representation the application falls to be determined under r 41.10 of the High Court Rules 2004.

6. The application for special leave appears to raise allegations of bias and denial of procedural fairness.  The decision of the Federal Court was undoubtedly correct.  An appeal to this Court would have no prospect of success.

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

S.M. Kiefel
12 December 2012 S.J. Gageler