SZEDM v MIMIA [2005] HCATrans 835 (7 October 2005)

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SZEDM v MIMIA [2005] HCATrans 835 (7 October 2005)

Last Updated: 19 October 2005

[2005] HCATrans 835

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S307 of 2005

B e t w e e n -

SZEDM

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

McHUGH J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 7 OCTOBER 2005, AT 9.06 AM

Copyright in the High Court of Australia

McHUGH J: The Refugee Review Tribunal rejected the claim of the applicant, a Chinese national, for a protection visa because the Tribunal found that the applicant was not currently a Falun Gong practitioner, had not practised Falun Gong in China or in Australia and would not practise Falun Gong if she returned to China. The Tribunal found that there was no real chance that the applicant would be persecuted for a Convention reason in the foreseeable future.

The Federal Magistrates Court held that the applicant had failed to prosecute her claim, and that no jurisdictional error was identifiable in the Tribunal’s decision.

The Federal Court dismissed an appeal on the grounds that no ground of appeal had been sufficiently particularised or made out and that no jurisdictional error in the decision of the Tribunal was discernable.

The applicant’s special leave application complained that the Tribunal failed to consider evidence that favoured the applicant, but did not identify the evidence that was not considered. The appeal has no prospects of success.

The application is dismissed.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing this application. I publish our joint reasons.

AT 9.06 AM THE MATTER WAS CONCLUDED