MZAEJ v Minister for Immigration and Border Protection

[2015] HCASL 179

MZAEJ

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2015] HCASL 179
M113/2015

1. The applicant is a citizen of Sri Lanka.  He seeks special leave to appeal against orders of the Federal Court of Australia (Barker J) dismissing his appeal against orders of the Federal Circuit Court of Australia (Judge Riley).  Judge Riley dismissed an application for judicial review of the decision of the Refugee Review Tribunal ("the Tribunal"), which had affirmed the decision by a delegate of the first respondent to refuse to grant a Protection (Class XA) visa to the applicant. 

2. The applicant does not have legal representation. The application therefore falls to be dealt with under r 41.10 of the High Court Rules 2004 (Cth).

3. In the Federal Court, the applicant relied on two grounds of appeal:  that he was not mentally or physically fit to participate in the hearing, and that he did not have time to make oral arguments during the hearing.  As it was unclear whether those grounds related to the Federal Circuit Court hearing or the Tribunal hearing, the Federal Court considered each ground in both contexts, and determined that there was no basis for either ground.  The Federal Court also considered several other complaints by the applicant which were not reflected in the grounds of appeal, and determined that no jurisdictional error was revealed in the decisions of the Tribunal or of the Federal Circuit Court. 

4. In this Court, the applicant seeks to raise substantially similar arguments to those raised in the Federal Court. There is no reason to doubt the correctness of the Federal Court's resolution of those issues. The applicant also seeks to raise an argument that the Tribunal breached its obligations under ss 424AA and 424A of the Migration Act 1958 (Cth), but does not put forward any material probative of such breaches. An appeal to this Court would enjoy no prospect of success. The application is dismissed.

5. Pursuant to r 41.10.5, we direct the Registrar to draw up, sign and seal an order dismissing the application.

V.M. Bell
4 November 2015 S.J. Gageler