AZABM v Minister for Immigration and Citizenship

[2013] HCASL 74

AZABM

v

MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR

[2013] HCASL 74
A25/2012

1. The applicant, a citizen of Albania, seeks special leave to appeal against the orders of the Federal Court of Australia (Besanko J) dismissing the applicant's appeal against orders of the Federal Magistrates Court.  The Federal Magistrate (Simpson FM) dismissed an application for judicial review of the decision of the Refugee Review Tribunal, affirming the decision of a delegate of the first respondent to refuse to grant the applicant a Protection (Class XA) visa.

2. The Tribunal found that the persecution the applicant claimed to fear was not for a reason enumerated in Art 1A(2) of the Convention relating to the Status of Refugees as amended by the Protocol relating to the Status of Refugees.  Besanko J held that this finding provided an unchallenged basis for the Tribunal's decision, independent of the jurisdictional errors alleged by the applicant, and that it would therefore be futile to grant the relief sought.

3. There is no reason to doubt the correctness of the decision of Besanko J.  The application must be dismissed.

4. Pursuant to r 41.11.1, we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

V.M. Bell
8 May 2013 S.J. Gageler