MZZSH v Minister for Immigration and Border Protection

[2015] HCASL 60

MZZSH

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2015] HCASL 60
M134/2014

1. The applicant, a national of India, applies for special leave to appeal from the Federal Court of Australia (Murphy J) dismissing his appeal from the Federal Circuit Court of Australia (Judge Burchardt). 

2. The Federal Circuit Court dismissed an application for judicial review of the decision of the Refugee Review Tribunal affirming the decision of a delegate of the first respondent not to grant the applicant a Protection (Class XA) visa.  The Tribunal had "significant credibility concerns" about the applicant's claims and was not satisfied that the applicant is a person in respect of whom Australia has protection obligations.

3. 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).

4. The applicant's sole ground of appeal in the Federal Court asserted that the Federal Circuit Court had failed to find that the Tribunal's decision "was in breach of s 424A of the Migration Act 1958 (Cth) ("the Act") and therefore fall under [sic] jurisdictional error". The ground was otherwise unparticularised. Murphy J rejected it, noting that the applicant had been unable to explain the basis of the claimed breach of the provision[1]. Murphy J considered that s 424A had no apparent relevance to the applicant's case[2]. 

   [1]MZZSH v Minister for Immigration and Border Protection [2014] FCA 1292 at [16], [19].

   [2]MZZSH v Minister for Immigration and Border Protection [2014] FCA 1292 at [17].

5. The sole proposed ground of appeal in this Court is misconceived. The applicant complains that the Federal Court failed to find that the Federal Circuit Court's decision was made in breach of s 424A of the Act. The obligation imposed by s 424A is upon the Tribunal and not the Federal Circuit Court. In any event, there is no reason to doubt the correctness of the decision below. If special leave to appeal were granted, the appeal would enjoy no prospect of success.

6. The application is dismissed.

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

V.M. Bell
6 May 2015 S.J. Gageler