SZJDR v Minister for Immigration and Citizenship

[2008] HCASL 566

SZJDR
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 566
S383/2008

1. The applicant is a citizen of the People's Republic of China. A delegate of the first respondent refused his application for a protection visa. 

2. Two differently constituted panels of the Refugee Review Tribunal upheld that decision, but their decisions have been set aside in the Federal Magistrates Court, and a third hearing took place before the Refugee Review Tribunal.

3. After that hearing, the Tribunal upheld the delegate's decisions.  It found that the applicant was not a witness of truth and that he had fabricated material aspects of his claims.

4. The Federal Magistrates Court (Smith FM) dismissed an application for judicial review.  The Federal Court of Australia (Jessup J) dismissed an appeal.

5. In support of his application for special leave to appeal to this Court, the applicant alleges that the Tribunal exhibited bias, failed to comply with ss 91R and 424A of the Migration Act 1958 (Cth) and made its decision based on an "assumption". The papers are extremely brief. They do not identify what the "assumption" was or demonstrate that there is any arguable merit in the other allegations. Were special leave to be granted, the appeal would have 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.

   M.D. Kirby  J.D Heydon
   2 December 2008