SZSJM v Minister for Immigration and Border Protection

[2014] HCASL 31

SZSJM

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2014] HCASL 31
S299/2013

1. The applicant is a citizen of the People's Republic of China.  Shortly after arriving in Australia on 22 February 2012, she applied for a Protection (Class XA) visa, which was refused by a delegate of the first respondent.  The applicant's principal claim was that, if returned to China, she would face persecution because she had breached China's "one child policy".

2. On 8 November 2012, following a hearing which the applicant did not attend, the Refugee Review Tribunal ("the Tribunal") affirmed the delegate's decision. The Tribunal was not satisfied that the applicant had suffered persecution in the past or that she has a well-founded fear of persecution in the foreseeable future. 

3. On 23 May 2013, the Federal Circuit Court of Australia (Cameron J) dismissed an application for review of the Tribunal's decision. Cameron J held that the Tribunal had complied with its obligations under s 426A of the Migration Act 1958 (Cth) ("the Act"), and was satisfied that the applicant had been informed of the date of the hearing in accordance with the Act and the Migration Regulations 1994 (Cth).

4. On 22 November 2013, the Federal Court of Australia (Katzmann J) dismissed the applicant's appeal against the decision of Cameron J.  Katzmann J agreed that the Tribunal had properly issued a hearing invitation to the applicant.  Further, the applicant's claims of bias were unsubstantiated.

5. The applicant seeks special leave to appeal to this Court.  The application fails to address the primary issue that the Tribunal could not be satisfied of her claims because of her failure to support them at the initial hearing.  The applicant enjoys insufficient prospects of success to warrant the grant of special leave to appeal to this Court.  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
6 March 2014 P.A. Keane