SZKSJ v Minister for Immigration and Citizenship

[2008] HCASL 333

SZKSJ
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 333
S106/2008

1. The applicant is a citizen of Indonesia and arrived in Australia on 8 December 2006. On 10 January 2007 a delegate of the first respondent refused his application for a protection visa. On 1 May 2007 the Refugee Review Tribunal affirmed the delegate's decision. The applicant claimed to fear harm from terrorists because he had refused a job with them and he was unable to gain the protection of the authorities. The Tribunal wrote to the applicant advising that it was unable to make a favourable decision on the information then before it and inviting the applicant to give oral evidence. The applicant did not do so. The Tribunal proceeded to make its decision in his absence, pursuant to s 426A of the Migration Act 1958 (Cth).

2. On 9 November 2007 the Federal Magistrates Court (Turner FM) refused an application for review of the Tribunal's decision.  His Honour found that the Tribunal's decision was the inevitable consequence of the applicant's failure to attend the hearing before it.  The applicant's other claim went to the merits of the decision.

1. On 25 February 2008 the Federal Court (Jacobson J) dismissed the applicant's appeal.  His Honour found that there was no error in the decisions of the Tribunal or the Federal Magistrate.  His Honour rejected a fresh ground of fear of persecution put orally by the applicant which, in any event, did not accord with the terms of the applicant's protection visa application.

2. The application to this Court does not advance any question of law that would justify the grant of special leave to appeal.  There is no reason to doubt the correctness of the decisions below.

1. 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