SZINJ v Minister for Immigration and Citizenship

[2008] HCASL 202

SZINJ
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 202
S584/2007

1. The applicant is a national of Pakistan.  Soon after his arrival in Australia he sought a protection visa, claiming to be a "refugee", entitled to protection under the Refugees Convention and Protocol because of a fear of persecution for reasons of political opinion.  The applicant claimed that his political views and activities had attracted the adverse attention of the Pakistan Muslim Group League.  He stated that he had held a leadership position within the Pakistan People's Party ("PPP").  He claimed that he had been arrested and detained for a month.

2. A delegate of the Minister refused the applicant's application.  The applicant sought review by the Refugee Review Tribunal.  The Tribunal was prepared to accept that the applicant was a member of the PPP.  However, it did not accept that he had a leadership role.  It concluded that he had displayed very limited knowledge of political events in Pakistan.  It rejected his claim to be the subject of an outstanding arrest warrant, and dismissed his application.

3. The applicant sought judicial review from the Federal Magistrates Court (Nicholls FM).  The applicant's case involved an attempt to seek merits review.  The Federal Magistrate found that there had been no denial of natural justice or jurisdictional or other error, and dismissed the application. 

4. The applicant then appealed to the Federal Court of Australia. The appellate jurisdiction was exercised by Collier J. Her Honour rejected arguments based on ss 36(2) and 422B of the Migration Act 1958 (Cth). She concluded that these comprised no more than attempts to contest factual findings of the Tribunal. The applicant's claim of denial of procedural fairness was not particularised, and was rejected. Essentially, as Collier J pointed out, the Tribunal's conclusion was based on its assessment of the applicant's credibility. The appeal was dismissed.

5. The application for special leave to appeal to this Court is of a template variety, invoking the decision of the Court in Muin and Lie.  No error of law or jurisdiction is demonstrated.  An appeal would not enjoy reasonable prospects of success.  The application is therefore dismissed.

6. Pursuant to Rule 41.10.5 of the High Court Rules we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave.

M. D. Kirby
24 April 2008 J. D. Heydon