SZERP v MIMIA & Anor [2006] HCATrans 487 (5 September 2006)

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SZERP v MIMIA & Anor [2006] HCATrans 487 (5 September 2006)

Last Updated: 25 September 2006

[2006] HCATrans 487

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S21 of 2006

B e t w e e n -

SZERP

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON TUESDAY, 5 SEPTEMBER 2006, AT 9.34 AM

Copyright in the High Court of Australia

GUMMOW J: The applicant is a citizen of China claiming to fear persecution for the reason that he is a Falun Gong practitioner. The Refugee Review Tribunal upheld the refusal of a delegate of the first respondent to grant a protection visa. It did so because the applicant had failed to attend an oral hearing and the written material relied on did not support the claim.

The Federal Magistrates Court (Lloyd-Jones FM) refused judicial review because no jurisdictional error was established. In the Federal Court of Australia, Edmonds J dismissed an application on the ground that he agreed with the Federal Magistrate.

The applicant’s application for special leave identifies no ground on which an appeal might succeed. The application must be dismissed.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave. I publish the disposition signed by Heydon J and myself.

AT 9.35 AM THE MATTER WAS CONCLUDED