SZLGS v Minister for Immigration and Citizenship

[2008] HCASL 543

SZLGS
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
 [2008] HCASL 543
S326/2008

1. The applicant is a citizen of India.  On 21 March 2007 a delegate of the first respondent refused his application for a protection visa.  On 14 August 2007 the Refugee Review Tribunal affirmed the delegate's decision.  The applicant's father, who he claimed was a member of the Communist Party of India (Marxist-Leninist), had been implicated in the murder of a local politician.  The applicant claimed to have been arrested and mistreated by police seeking information as to the whereabouts of his father.  He was later sentenced to a term of imprisonment and during that time himself joined the CPI (M-L).  He remained in fear for his life.

1. The Tribunal expressed doubts about the applicant's credibility, and pointed out various inconsistencies in his account of arrest and detention. Although the Tribunal was prepared to give him the benefit of the doubt, and accept that he had been arrested, mistreated and imprisoned, it did not accept that he had been subjected to this conduct for a Convention reason. In applying s 91S of the Migration Act 1958 (Cth) ("the Act"), the Tribunal disregarded the applicant's father's fear of persecution, upon which the applicant's fear was based, because it was not Convention-based. The interest of the authorities and of the police in his father was in the investigation of serious criminal offences, not because of his political opinions.

2. On 13 March 2008 the Federal Magistrates Court (Nicholls FM) dismissed an application for review of the Tribunal's decision. His Honour dismissed claims of denial of procedural fairness, failure to take into account relevant considerations and bias on the part of the Tribunal and held that the Tribunal had applied s 91S of the Act correctly.

1. The Federal Court (Reeves J) dismissed the applicant's appeal. The applicant had made unparticularised assertions of jurisdictional error and denial of procedural fairness.  His Honour held that none of these grounds were made out.

2. The application to this Court raises factual matters and does not advance any question of law warranting the grant of special leave to appeal.  There is no reason to doubt the correctness of the decisions of the Courts 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
17 October 2008