BZAGU v Minister for Immigration and Border Protection

[2015] HCASL 214

BZAGU

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2015] HCASL 214
B54/2015

1. The applicant is a citizen of India.  On 14 March 2013, a delegate of the first respondent refused to grant the applicant a Protection (Class XA) visa.

2. On 28 February 2014, the Refugee Review Tribunal ("the Tribunal") affirmed the delegate's decision. The applicant claimed to have a well‑founded fear of persecution in India on the basis of his membership of a particular social group, namely, people who have married someone from a higher caste. The Tribunal formed an adverse view of the applicant's credibility, and found that he is not someone in respect of whom Australia has protection obligations, either as a refugee, or as a person who faces a real risk of significant harm upon return to India. That being so, he was found not to meet the criteria for the grant of a protection visa in s 36(2) of the Migration Act 1958 (Cth) ("the Act").

3. On 20 May 2015, the Federal Circuit Court of Australia (Jarrett J) dismissed the applicant's application for judicial review of the Tribunal's decision.  Jarrett J held that none of the applicant's grounds of review was made out, and that the applicant had not demonstrated that the decision of the Tribunal was affected by jurisdictional error or want of procedural fairness.

4. On 18 August 2015, the Federal Court of Australia (Logan J) dismissed the applicant's appeal. Logan J held that there was no merit in the ground of appeal pleaded by the applicant, namely, that the Federal Circuit Court should have appreciated that the Tribunal failed to comply with s 424A of the Act by failing to give clear particulars of information upon which it relied in making its decision. His Honour held that the ground was not raised in the Federal Circuit Court and, even if it had been raised, it would not have affected the Court's decision.

5. The applicant seeks special leave to appeal to this Court.  The applicant's proposed grounds of appeal disclose no reason to doubt the correctness of the decision of the Federal Court.  An appeal to this Court would have 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