SZKGP v Minister for Immigration and Citizenship

[2008] HCASL 329

SZKGP
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 329
S112/2008

1. The applicant is a citizen of Pakistan. On 11 September 2006 a delegate of the first respondent refused his application for a protection visa. On 1 February 2007 the Refugee Review Tribunal affirmed the decision to refuse his application. The applicant claimed to have been pressured to join Lashkar-e Taiba (a religious organisation with links to Islamic extremists) and to have been threatened and assaulted when he refused. Noting various inconsistencies in his evidence, the Tribunal wrote to the applicant pursuant to s 424A of the Migration Act 1958 (Cth). Ultimately, the Tribunal was not satisfied with his explanation for those inconsistencies. The Tribunal was not satisfied that the applicant had been pressured and threatened as claimed, and found accordingly that he did not have a well-founded fear of persecution for a Convention reason.

2. The Federal Magistrates Court (Nicholls FM) dismissed the applicant's application for review of the Tribunal's decision on 29 October 2007. The applicant submitted that he had not been given adequate time to respond to the s 424A notice, because the Tribunal had refused to grant an adjournment of his hearing. His Honour rejected this submission: the Tribunal had considered his application for an extension of time, and there was no basis for interfering with its discretionary decision to refuse to grant an extension. His Honour also rejected claims of breach of s 425 of the Act, bias on the part of the Tribunal, illogicality in the Tribunal decision and failure to consider the applicant's claims.

3. On 4 March 2008 Gyles J dismissed the applicant's appeal to the Federal Court. His Honour found no error in the Federal Magistrate's approach to the s 424A issue, and rejected the other grounds alleged.

4. There is no reason to doubt the correctness of the decision of Gyles J.  The application has insufficient prospects of success to warrant special leave.

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

W.M.C. Gummow	S.M. Kiefel
12 June 2008