SZINP v Minister for Immigration and Citizenship

[2008] HCASL 173

SZINP
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 173
S572/2007

1. The applicant is a citizen of Pakistan.  On 20 June 2005 a delegate of the first respondent refused his application for a protection visa.  On 6 February 2006 the Refugee Review Tribunal affirmed the delegate's decision.  On 4 October 2006, by consent, the Federal Magistrates Court set aside the Tribunal's decision and remitted the matter to it for reconsideration.  On 11 January 2007 a differently constituted Tribunal affirmed the decision to reject his application.  The applicant claimed to fear persecution from Sunni Muslims in his area because he was a Shia Muslim, and to fear persecution on this account.  The Tribunal was not satisfied that being a Shia Muslim was sufficient to give rise to a well-founded fear of persecution.  Whilst the Tribunal accepted that the applicant had been attacked in 1994 and continued to be threatened by people in his village, it noted that, by his own account, he was not harmed from 1994 to 2000.  There was no Refugee Convention basis for his fears of persecution.

2. On 20 August 2007 Driver FM dismissed the application for review of the Tribunal's decision. His Honour rejected the applicant's claims of denial of procedural fairness and of failure to take into account relevant documentary evidence. There was no breach of s 425 of the Migration Act 1958 (Cth) by the Tribunal, and it had dealt properly with the documents relied upon by the applicant.

3. On 15 November 2007 Collier J dismissed the applicant's appeal to the Federal Court.  Her Honour found that the Federal Magistrate had failed to consider one of his grounds of review, namely, whether the applicant could relocate safely within Pakistan.  However, there were no prospects of success on this ground.  Since the Tribunal found no well-founded fear of persecution on the part of the applicant, it was unnecessary for it to consider the issue of relocation.

4. The applicant has not identified any question of law that would justify a grant of special leave to appeal.  There is no reason to doubt the correctness of the decisions below.

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

W.M.C. Gummow	S.M. Kiefel
24 April 2008