AHB15 v Minister for Immigration and Border Protection

[2015] HCASL 226

AHB15

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2015] HCASL 226
S174/2015

1. The applicant is a citizen of Fiji.  The applicant arrived in Australia on 23 September 2010, as the holder of a visitor visa.  On 4 March 2011, she applied for a protection visa.  On 27 May 2011, a delegate of the first respondent refused the application.  On 22 March 2013, the applicant made a further application for a protection visa.  On 8 May 2014, that application was refused.

2. The applicant applied to the Refugee Review Tribunal ("the Tribunal") for review of the refusal of the second application.  On 17 March 2015, the Tribunal affirmed the decision.  The Tribunal expressed serious concerns about the applicant's credibility and the truthfulness of her claims.  The Tribunal was not satisfied that there was a real risk that the applicant would suffer significant harm as a necessary and foreseeable consequence of being removed from Australia to Fiji.

3. The applicant applied to the Federal Circuit Court of Australia (Street J) for judicial review of the Tribunal's decision.  On 15 May 2015, Street J dismissed the application, holding that the Tribunal's findings in respect of the applicant's credibility were clearly open to it. His Honour also held that the Tribunal did not fail properly to conduct its review, and was not obliged to make further inquiry into the applicant's health.

4. The applicant appealed to the Federal Court of Australia (Nicholas J).  The applicant submitted, among other things, that the Tribunal denied her procedural fairness by failing to provide her with notice of the matters that it considered would be the reasons, or part of the reasons, for its decision, and by failing to make relevant inquiries regarding her disability.  On 11 August 2015, Nicholas J dismissed the appeal, holding that the applicant had failed to demonstrate any error in the decision of the Court below. 

5. The applicant seeks special leave to appeal to this Court.  The applicant's draft notice of appeal discloses no reason to doubt the correctness of the decision of the Federal Court.  An appeal would enjoy no prospect of success.  Special leave is 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
10 December 2015 P.A. Keane