SZLIK v Minister For Immigration And Citizenship and Anor

[2008] HCASL 526

SZLIK
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 526
S282/2008

1. The applicant, a citizen of Nepal, seeks special leave to appeal against orders of a single judge of the Federal Court of Australia (Lander J) dismissing the applicant's appeal against orders of the Federal Magistrates Court (Scarlett FM). The Federal Magistrate dismissed an application for relief under s 39B of the Judiciary Act 1903 (Cth) directed to the Refugee Review Tribunal in respect of its decision affirming the refusal to grant the applicant a protection (Class XA) visa. The Tribunal did not believe key aspects of the applicant's claims, and noted significant inconsistencies between the applicant's written and oral evidence.

2. This application raises no arguable ground for the grant of special leave.  We see no reason to doubt the correctness of the conclusion reached in the courts below that the decision of the Tribunal was unaffected by jurisdictional error.

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

K.M. Hayne
3 September 2008 S.M. Crennan