Minister for Immigration and Border Protection v CZBQ

[2015] HCASL 229

MINISTER FOR IMMIGRATION AND BORDER PROTECTION
v
CZBQ & ANOR
 [2015] HCASL 229
S126/2015

1. The first respondent is a Sri Lankan citizen of Tamil ethnicity.  He arrived in Australia by boat in February 2012.  On 3 July 2012, a delegate of the applicant refused the first respondent's application for a Protection (Class XA) visa.  The first respondent applied to the Refugee Review Tribunal ("the Tribunal") for review of the delegate's decision.  On 13 November 2012, the Tribunal affirmed the delegate's decision.

2. The first respondent applied to the Federal Circuit Court of Australia (Cameron J) for judicial review of the Tribunal's decision.  He argued that the Tribunal's decision was affected by jurisdictional error because the Tribunal incorrectly found that a document upon which he relied did not identify who had issued it.  The first respondent argued that the Tribunal's concerns about the document's authenticity were misplaced, and that the document was critical to the Tribunal's view of his credibility.  On 19 December 2014, Cameron J dismissed the application, holding that while the Tribunal was plainly wrong in its finding, the mistake was of little significance.

3. The first respondent appealed to the Federal Court of Australia (Collier J).  On 27 May 2015, Collier J allowed the appeal.  Her Honour held that the Tribunal's mistake in relation to the document was so fundamental as to constitute a jurisdictional error.  Collier J ordered that the decision of the Tribunal should be set aside, and the first respondent's application for review of the delegate's decision should be remitted to the Tribunal for rehearing according to law.

4. The applicant seeks special leave to appeal to this Court.  No question of legal principle, as distinct from the proper application of settled principle, is advanced that would justify the grant of special leave.  Special leave is refused.

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

S.M. Kiefel
10 December 2015 P.A. Keane