SZIYN v Minister for Immigration and Citizenship

[2008] HCASL 389

SZIYN
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 389
S49/2008

1. The applicant is a citizen of Bangladesh.  On 9 November 2005, a delegate of the first respondent refused his application for a Protection (Class XA) visa.  The applicant claimed to fear persecution from members and activists of the Bangladesh National Party because of his involvement in the Awami League.

2. After an initial decision of the Tribunal was set aside following judicial review, the Tribunal, differently constituted, reheard the applicant's claim.  The Tribunal made a series of adverse credit findings against the applicant and disbelieved the claims said to form the basis of a well-founded fear of persecution.

3. The Federal Magistrates Court (Turner FM) dismissed an application for judicial review of the Tribunal's decision.  Turner FM considered a wide range of arguments asserting error on the part of the Tribunal and found no substance in any of them.

4. An appeal to the Federal Court of Australia (Emmett J) was dismissed.  Emmett J found that there was no substance in any of the grounds of appeal, no error in the reasons of Turner FM and no jurisdictional error in the reasons of the Tribunal.

5. The decision of Emmett J was correct.  The proposed grounds of appeal to this Court, and the arguments advanced in support of them, amount in substance to assertions that the Tribunal's adverse findings of fact were wrong.  No foundation for judicial interference with the Tribunal's decision appears.  An appeal to this Court has no prospects 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.

A.M. Gleeson
16 July 2008 J.D. Heydon