MZYKV v Minister for Immigration and Citizenship

[2013] HCASL 41

MZYKV

v

MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR

[2013] HCASL 41
M97/2012

1. The applicant seeks special leave to appeal against the orders of a single judge of the Federal Court of Australia (Dodds‑Streeton J) dismissing an appeal against orders of the Federal Magistrates Court.  The Federal Magistrate (Riethmuller FM) dismissed the applicant's application for judicial review of the decision of the Refugee Review Tribunal to affirm the refusal by a delegate of the first respondent to grant the applicant a Protection (Class XA) visa.

2. The Tribunal did not accept the applicant's evidence that he held the religious beliefs and affiliations he claimed.

3. We see no reason to doubt the correctness of the conclusions reached both in the Federal Magistrates Court and on appeal to the Federal Court that the applicant established no jurisdictional error by the Tribunal.

4. As the applicant does not have legal representation, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

5. The applicant identifies no question of general principle or arguable ground of appeal.  An appeal to this Court would not enjoy any sufficient prospects of success to warrant a grant of special leave.

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

K.M. Hayne
10 April 2013 S.M. Crennan