SZJLC v Minister for Immigration and Citizenship

[2007] FCA 670

FEDERAL COURT OF AUSTRALIA

SZJLC v Minister for Immigration and Citizenship [2007] FCA 670

SZJLC v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 15 OF 2007

BRANSON J
2 MAY 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 15 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZJLC
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	BRANSON J
DATE OF ORDER:	2 MAY 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The name of the respondent be changed to Minister for Immigration & Citizenship.

2.The application for leave to appeal be dismissed.

3.The applicant pay the first respondent’s costs fixed in the amount of $400.00.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 15 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZJLC
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	BRANSON J
DATE:	2 MAY 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

INTRODUCTION

1. The applicant is a citizen of India who arrived in Australia in December 2005. His application to the then Department of Immigration and Multicultural and Indigenous Affairs for a protection visa was refused by a delegate of the Minister on 5 May 2006. The Refugee Review Tribunal affirmed the delegate’s decision on 15 August 2006, and the applicant then sought review of the Tribunal’s decision in the Federal Magistrates Court. The learned Federal Magistrate dismissed the application to show cause on 20 December 2006 pursuant to rule 44.12 of the Federal Magistrates Court Rules 2001 (Cth). The applicant filed an application in this Court on 4 January 2007 seeking leave to appeal from the decision of the Federal Magistrates Court.

   APPLICATION FOR LEAVE

2. Having considered the reasons for decision of the learned Federal Magistrate and also the reasons for decision of the Tribunal, I am not satisfied that any appeal that the applicant be allowed to run would have any prospect of success. 

3. For the Tribunal to grant the applicant a protection visa it was necessary for the Member of the Tribunal to be satisfied that he was a person to whom Australia owed protection obligations under the Refugees Convention.  There is nothing before me to suggest that the Tribunal made any procedural or other legal error in its dealings with the applicant’s application.  The Tribunal invited the applicant to a hearing which he attended, but having heard and considered his evidence, the Tribunal Member found that evidence to be unsatisfactory.  As it recorded in its reasons, the Tribunal found the evidence to be most unconvincing.  It found that the applicant was unable to provide meaningful details about his claimed past experiences, even when questioned about those experiences.

4. Having considered the applicant’s claims and his evidence, the Tribunal was not satisfied that he was subject to Convention related harm in the past.  Nor was the Tribunal satisfied that there was a real chance that the applicant would be persecuted upon return to India for any Convention reason.  It was for the Tribunal, and not the Federal Magistrates Court nor this Court, to make the determination about the credibility of the applicant’s evidence.

5. In the circumstances, I am not satisfied that any error attends the judgment of the Federal Magistrates Court.  I am not satisfied that any appeal that the applicant might bring, were he to be granted leave to appeal, would have any chance of success.  The application for leave to appeal is therefore refused. 

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Branson.

Associate:

Dated:        7 May 2007

Counsel for the Applicant:	The Applicant appeared in person
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	2 May 2007
Date of Judgment:	2 May 2007