SZLBC v Minister for Immigration and Citizenship

[2008] HCASL 482

SZLBC
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 482
S255/2008

The applicant is a citizen of Pakistan.  He arrived in Australia on 13 June 2006 and on 18 September 2006 a delegate of the first respondent refused to grant him a protection visa.  The Refugee Review Tribunal affirmed that decision on 28 May 2007.  The applicant claimed to be of mixed Sunni and Shi'a heritage, and to have suffered harassment and threats from the murderers of his cousin, a Shi'a activist.  The Tribunal was not satisfied of the truthfulness of the applicant, and noted inconsistencies and implausibilities in his evidence.  It was not satisfied that the applicant's status as a Sunni was sufficient to give rise to a well-founded fear of persecution for a Convention reason.

Smith FM dismissed the application for review of the decision of the Tribunal on 11 February 2008.  His Honour found that the Tribunal had complied with the requirements of the Migration Act 1958 (Cth) and that the credibility finding was open to it.

Weinberg J dismissed the appeal to the Federal Court of Australia on 21 May 2008.  His Honour noted that the applicant's notice of appeal was not directed to a decision below, and agreed that the decision of the Tribunal was open to it.  There was no error in the decision of the Federal Magistrate.

The applicant's draft notice of appeal is of a template variety and is not meaningfully directed to the decision below.  No question of law is presented.  The applicant has no prospect of success in 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.

W.M.C. Gummow
28 August 2008 S.M. Kiefel