SZHMF v MIAC & Anor [2008] HCATrans 48 (7 February 2008)

Last Updated: 13 February 2008

[2008] HCATrans 048

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S261 of 2007

B e t w e e n -

SZHMF

Applicant

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

KIRBY J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 7 FEBRUARY 2008, AT 9.27 AM

Copyright in the High Court of Australia

HEYDON J: The applicant is a citizen of the People's Republic of China. The Refugee Review Tribunal upheld a decision of a delegate of the first respondent refusing the applicant's application for a protection visa. The applicant's claim was that he feared persecution on the grounds of association with Falun Gong. The Tribunal invited the applicant to give oral evidence, but he did not attend the hearing or seek to contact the Tribunal to explain his failure to do so. The Tribunal rejected the application because of the lack of detail supplied by the applicant.

Emmett FM dismissed an application for judicial review. She found no jurisdictional error. The Federal Court of Australia (Downes J) dismissed an appeal.

The documents filed in support of the applicant's application for special leave to appeal to this Court do not suggest any ground in relation to which an appeal would have 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 the application for special leave. I publish that disposition signed by Kirby J and myself.

AT 9.28 AM THE MATTER WAS CONCLUDED