BZAAF v Minister for Immigration and Citizenship
[2011] HCASL 145
BZAAF
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2011] HCASL 145
B29/2011
The applicant, a citizen of Malaysia who was born in 1974, arrived in Australia on 24 July 2004 on a tourist visa and applied for a protection visa on 20 January 2010. The applicant claimed that, as an ethnic Chinese, he was discriminated against by native Malaysians which deprived him of happiness and freedom.
On 8 June 2010, the Refugee Review Tribunal ("the Tribunal") affirmed the decision of a delegate of the first respondent to refuse the application for a protection visa. The applicant was invited to appear before the Tribunal but did not do so. Pursuant to s 426A of the Migration Act 1958 (Cth) ("the Act"), the Tribunal made its decision in his absence. The Tribunal found to be unsubstantiated the applicant's claim of not being able to find gainful employment because of racial or ethnic discrimination.
Burnett FM dismissed the application for review of the decision of the Tribunal on 25 November 2010. His Honour found that the Tribunal had complied with s 415 of the Act in finding that the applicant had not satisfied the relevant statutory criteria for a protection visa. The Tribunal's decision was unaffected by jurisdictional error.
Logan J dismissed the applicant's appeal to the Federal Court on 9 May 2011. His Honour noted that the applicant's notice of appeal identified no error of law. Nevertheless, his Honour examined the decision below and was unable to identify any error.
The applicant's draft notice of appeal to this Court is of a template variety and does not properly address the decision below. The assertion of jurisdictional error is not particularised. No question of law is advanced. The applicant has no prospects of success in this Court. Special leave is refused.
Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.
W.M.C. Gummow
8 September 2011S.M. Kiefel
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