SZKEY v Minister for Immigration and Citizenship

[2008] HCASL 183

SZKEY
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 183
S606/2007

1. The applicant, a citizen of India, arrived in Australia on 22 June 2006.  On 4 October 2006 a delegate of the first respondent refused to grant the applicant a protection visa.  The Refugee Review Tribunal affirmed the decision of the first respondent in a decision handed down on 9 January 2007.  It found that the applicant had fabricated his claims to fear persecution as a Falun Gong practitioner.

2. The application to the Federal Magistrates Court was dismissed on 15 June 2007 by Turner FM. The Federal Magistrate rejected the applicant's claim that the Tribunal failed to comply with s 91R of the Migration Act 1958 (Cth) ("the Act"). The applicant's allegation of bias was not established, and there had been no breach of s 424A of the Act. His Honour found that the Tribunal reached its decision based on its adverse credibility finding, a finding of fact that was open to it.

3. Mansfield J dismissed the appeal to the Federal Court on 15 November 2007.  In that court, the applicant raised the same matters as in the Federal Magistrates Court.  Mansfield J accepted the submissions of the first respondent that there was no merit in any of them.

4. In his draft notice of appeal the applicant submits, as he did in the courts below, that the Tribunal breached s 424A of the Act, failed to consider his claims and demonstrated bias against him. He has not advanced any question of law that would justify a grant of special leave and has no prospect of success in this Court. Special leave 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