SZLQW v Minister for Immigration and Citizenship

[2008] HCASL 574

SZLQW
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 574
S433/2008

1. The applicant is an Indonesian citizen.  A delegate of the first respondent dismissed his application for a protection visa.  The Refugee Review Tribunal upheld that decision.  The Tribunal invited the applicant to give oral evidence at a hearing, but the applicant did not attend.  The applicant's claim was that he feared persecution from certain corrupt government officials whom he had refused to assist in committing illegal acts.  The Tribunal rejected the applicant's claims because of their brevity and lack of detail. 

2. The Federal Magistrates Court (Raphael FM) dismissed an application for judicial review.  The applicant endeavoured to explain his failure to attend the Tribunal hearing by saying that he was not well.  However, he tendered no evidence of that, and he did not explain why he did not telephone the Tribunal and seek an adjournment. 

3. The Federal Court of Australia (Flick J) dismissed an appeal.  The applicant did not appear at the hearing of the appeal.  However, Flick J went on to consider whether, on the papers filed before him, the appeal should be allowed, but decided against that course.  

4. The papers filed in support of the applicant's application for special leave to appeal to this Court do no more than say that he "meet the refugee criteria" and that the Tribunal "have not considered the evidence which is in favour of the applicant".  No reason is assigned for concluding that if special leave to appeal were granted, the appeal would have any prospects of success.  

5. The application is dismissed.

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

   M.D. Kirby  J.D Heydon
   2 December 2008