MZZQY v Minister for Immigration and Border Protection

[2015] HCASL 239

MZZQY

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2015] HCASL 239
M211/2015

1. The applicant, a national of Sri Lanka, seeks special leave to appeal from a judgment of the Federal Court of Australia (Beach J) dismissing his appeal from the Federal Circuit Court of Australia (Judge Hartnett).  The Federal Circuit Court dismissed the applicant's application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") affirming the decision of a delegate of the first respondent not to grant him a Protection (Class XA) visa.

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

3. The applicant's proposed grounds of appeal are directed to the Federal Court's analysis of the Tribunal's asserted failure to properly deal with an integer of his claim.  The claim is said to arise from a statement made by the applicant in his entry interview.  The applicant's counsel conceded that no evidence was led and no submission was put before the Tribunal with respect to this unarticulated claim.  Beach J observed that the Tribunal may be bound to consider a claim that is apparent from the material notwithstanding that the applicant does not rely upon the claim; however, this was not such a case.  In his Honour's view the material before the Tribunal did not make this integer or claim something that the Tribunal should have considered[1].  Nothing in the applicant's summary of argument calls into question the correctness of his Honour's analysis.  If special leave to appeal were granted, the appeal would have insufficient prospects of success.

   [1]MZZQY v Minister for Immigration and Border Protection [2015] FCA 883 at [30] per Beach J.

4. 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
17 December 2015 S.J. Gageler