MZZUO v Minister for Immigration and Border Protection

[2015] HCASL 154

MZZUO
v
MINISTER FOR IMMIGRATION
AND BORDER PROTECTION & ANOR
[2015] HCASL 154
M137/2014

1. The applicant seeks special leave to appeal against orders of a single judge of the Federal Court of Australia (Pagone J) dismissing an appeal against orders made in the Federal Circuit Court of Australia.  The Federal Circuit Court Judge (Judge Riethmuller) had dismissed the applicant's claim for judicial review of the decision of the Refugee Review Tribunal affirming a decision not to grant the applicant a Protection (Class XA) visa.

2. 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.

3. The applicant advances no arguable ground of appeal against the decision of Pagone J. The applicant's proposed appeal ground, that the Refugee Review Tribunal incorrectly construed s 91R(1)(b) of the Migration Act 1958 (Cth) "by giving impermissible qualitative assessment of whether the applicant suffer serious harm", was foreclosed by this Court in Minister for Immigration and Border Protection v WZAPN (2015) 89 ALJR 639; 320 ALR 467; [2015] HCA 22. An appeal to this Court would enjoy no prospect of success.

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

G.A.A. Nettle
3 September 2015 M.M. Gordon