MZZZC v Minister for Immigration and Border Protection

[2015] HCASL 104

MZZZC

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2015] HCASL 104
M36/2015

1. The applicant is a citizen of India.  On 2 September 2013, a delegate of the first respondent refused the applicant's application for a Protection (Class XA) visa.

2. On 13 December 2013, the Refugee Review Tribunal ("the Tribunal") affirmed the delegate's decision on the basis of an adverse finding as to the applicant's credibility.  There were major inconsistencies between the applicant's initial claims and those he made before the Tribunal.

3. On 6 August 2014, the Federal Circuit Court of Australia (Riley J) dismissed the applicant's application for judicial review.  Her Honour concluded that the applicant had failed to identify any jurisdictional error in the decision of the Tribunal.

4. On 23 February 2015, the Federal Court of Australia (Middleton J) dismissed the applicant's appeal pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) and r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth) because the applicant had failed to appear at the hearing.

5. The applicant now applies for special leave to appeal to this Court.  The applicant's draft notice of appeal fails to address the threshold issue of his non‑appearance before the Federal Court.  The stated grounds of appeal demonstrate no error in the judgments of the Courts below or the decision of the Tribunal.  An appeal to this Court would enjoy no prospect of success.  Special leave is refused.

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
18 June 2015 P.A. Keane