SZJVC v Minister for Immigration and Citizenship

[2008] HCASL 59

SZJVC
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 59
S426/2007

1. This is an application for special leave to appeal from a judgment of the Federal Court of Australia (North J).  That court dismissed an appeal from the orders of the Federal Magistrates Court (Scarlett FM).  That court, in turn, had dismissed an application for judicial review addressed to the Refugee Review Tribunal ("the Tribunal") which, for its part, had affirmed the decision of a delegate of the Minister not to grant the applicant a protection visa.

2. The applicant arrived in Australia from Bangladesh in June 2005.  He is a national of Bangladesh.  He made his application for protection less than two months later.  The applicant alleged a fear of persecution from a fundamentalist group in Bangladesh, Jamaat-e-Islami Bangladesh and the Bangladesh National Party.  However, the Tribunal found that in important respects the applicant lacked credibility.  It gave detailed reasons for this conclusion which was not disturbed in the courts below.

3. The written case filed by the applicant complains that North J failed to find error of law or jurisdictional error or procedural unfairness in the decision of the Tribunal.  It makes unspecified claims, of a template kind, based on the decision of this Court in the Muin litigation.  It complains of a failure below to pay attention to documents and materials and reasserts the factual contentions of the applicant.

4. None of these arguments attracts a grant of special leave from this Court.  There are no reasonable prospects that an appeal would succeed.  The application is refused.

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

M. D. Kirby
27 March 2008 J. D. Heydon