SZSHI v Minister for Immigration and Border Protection

[2014] HCASL 111

SZSHI

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2014] HCASL 111
S42/2014

1. The applicant is a citizen of the People's Republic of China who arrived in Australia on 22 February 2012 on a visitor visa.  On 5 March 2012, the applicant applied for a Protection (Class XA) visa.  The applicant's principal claim was that if she returned to China she would face persecution because of her affiliation with Falun Dafa and practise of Falun Gong.  The application was refused by a delegate of the first respondent on 12 July 2012. 

2. On 5 November 2012, the Refugee Review Tribunal ("the Tribunal") affirmed the delegate's decision.  The Tribunal was not satisfied that the applicant was a person to whom Australia had protection obligations under the Convention relating to the Status of Refugees (1951).  That conclusion was based on an adverse view of the applicant's credibility.

3. On 15 October 2013, the Federal Circuit Court of Australia (Raphael J) dismissed an application for review of the Tribunal's decision.  Raphael J rejected the applicant's unparticularised assertions of bias and unfairness.  The applicant's remaining claims went to the merits of the case and did not reveal jurisdictional error.

4. On 19 February 2014, the Federal Court of Australia (Cowdroy J) dismissed the applicant's appeal from the decision of Raphael J.  The applicant essentially advanced the same grounds as those advanced in the Federal Circuit Court.  Cowdroy J held that there was no basis for the allegation of bias or that she had been deprived of the ability to give evidence before the Tribunal. 

5. The applicant now seeks special leave to appeal to this Court, repeating the unparticularised assertions of bias and factual claims advanced in the courts below.  The application enjoys no prospects of success.  The Tribunal made factual findings that were within jurisdiction, and there is no reason to doubt the correctness of the Federal Court's decision.  Special leave should be refused.  

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

S.M. Kiefel
19 June 2014 P.A. Keane