MZYYS v Minister for Immigration and Citizenship

[2013] HCASL 197

MZYYS

v

MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR

[2013] HCASL 197
M78/2013

1. The applicant, a citizen of India, arrived in Australia in March 2009 and applied for a Protection (Class XA) visa on 22 August 2011.  The applicant claimed to fear persecution if he returned to India on the basis of an imputed political opinion.  On 11 October 2011, a delegate of the first respondent refused the application.

2. On 22 May 2012, the Refugee Review Tribunal ("the Tribunal") affirmed the delegate's decision.  Due to a number of inconsistencies between the applicant's written and oral evidence, the Tribunal was not satisfied that there was a real chance that the applicant would be persecuted for any Convention reason if returned to India.

3. On 20 November 2012, the Federal Magistrates Court of Australia (Riley FM) dismissed an application for review of the Tribunal's decision, finding that the Tribunal had complied with its obligations under the Migration Act 1958 (Cth).

4. On 5 March 2013, the Federal Court of Australia (North J) dismissed the applicant's appeal against the decision of Riley FM.  The applicant sought to argue the merits of his claim rather than to make good his grounds of appeal.

5. The applicant seeks an extension of time within which to file an application for special leave to appeal to this Court.  The applicant relies on template grounds of appeal which raise no reason to doubt the correctness of North J's decision.  That being so, there would be no utility in granting the applicant an extension of time.

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
13 December 2013 P.A. Keane