SZJAX v Minister for Immigration and Citizenship

[2008] HCASL 182

SZJAX
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 182
S604/2007

1. The applicant is a citizen of China who arrived in Australia on 4 December 2005.  A delegate of the first respondent refused the applicant's application for a protection visa on 20 February 2006.  The Refugee Review Tribunal affirmed the decision of the delegate of the first respondent in a decision handed down on 22 June 2006.  The applicant claimed to be a member of the religious sect known as "Shouters" and to fear persecution on the grounds of religion.  The Tribunal rejected the claims of the applicant, and found that he was not a credible witness.  His evidence was vague and inconsistent.

2. Raphael FM dismissed the application for review of the Tribunal's decision. The applicant's claim that the Tribunal was biased towards him was without basis. The Tribunal was not required to provide the applicant with a preliminary assessment of its views so that he could respond. The Tribunal had not breached s 424A of the Migration Act 1958 (Cth), and there was no jurisdictional error in the decision of the Tribunal.

3. Graham J dismissed the appeal to the Federal Court on 13 November 2007.  His Honour found that the applicant was effectively seeking merits review.  The applicant failed to demonstrate that the Tribunal had committed jurisdictional error, or that the Federal Magistrate had fallen into error.

4. The applicant has advanced no questions of law in his draft notice of appeal.  Accordingly, special leave to appeal is refused.

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

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