SZKTU v Minister for Immigration and Citizenship

[2008] HCASL 316

SZKTU
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 316
S75/2008

The applicant is a citizen of Bangladesh who claims to fear persecution in that country by reason of his political activities.  On 24 May 2007, the Refugee Review Tribunal affirmed the decision of a delegate of the respondent Minister to refuse his application for a protection visa.  The Tribunal accepted that the applicant was an ordinary member of the Jammat-e-Islami party and that he promoted that party at Islamic prayer meetings and study groups.  However, the Tribunal found that the applicant had not suffered harm in the past by reason of his political opinion or any other reason and that the chance of him suffering harm in the foreseeable future was remote.  It followed that the Tribunal was not satisfied that the applicant had a well-founded fear of persecution for a Convention reason.

An application under s 476 of the Migration Act 1958 (Cth) (“the Act”) to the Federal Magistrates Court was dismissed by Scarlett FM on 13 September 2007. His Honour considered each of the applicant’s grounds of review and read the Tribunal’s decision independently but was unable to discern any jurisdictional error. There was no failure by the Tribunal to comply with s 424A of the Act and it was impermissible for the Federal Magistrates Court to embark on a merits review of the Tribunal’s decision.

An appeal to the Federal Court was dismissed by Cowdroy J on 21 February 2008.  His Honour held that the three grounds of appeal relied upon at the hearing revealed no error in the decision of the Federal Magistrate or jurisdictional error in the Tribunal’s decision. 

The application for special leave to appeal does not advance any question of law that would justify the intervention of this Court.  There are no prospects of success on any appeal to this Court.  Special leave is refused.

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
12 June 2008 S.M. Kiefel