SZOEK v Minister for Immigration and Citizenship

[2011] HCASL 136

SZOEK
 v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2011] HCASL 136
B30/2011

1. The applicant is a citizen of India who arrived in Australia on 30 May 2009 and applied for a protection visa on 13 July 2009.  A delegate of the first respondent refused the application on 9 October 2009.  The applicant claimed to fear persecution from high caste Hindus because he was of a low caste and was a member of the Indian National Lok Dal, a group assisting poor farmers.  The applicant also claimed his wife and daughter had fled their hometown in India, but could not name the district to which they had moved or state precisely when they had moved.  On 5 February 2010, the Refugee Review Tribunal ("the Tribunal") affirmed the delegate's decision, finding that the applicant lacked credibility.

2. In the Federal Magistrates Court, the applicant sought judicial review of the Tribunal's decision on several grounds.  On 12 July 2010, Burnett FM dismissed the application, finding the applicant was unable to demonstrate any oversight of factual inquiry, actual bias or jurisdictional error on the part of the Tribunal.

3. The applicant appealed to the Federal Court.  On 3 March 2011 Logan J dismissed an appeal against the decision of the Federal Magistrate.  His Honour found no error in the Federal Magistrate's reasons given for rejecting the application for judicial review.

4. The applicant now seeks an extension of time for an application for special leave to appeal to this Court.  The draft application does not engage with the reasoning of the Federal Court and there is no reason to doubt the correctness of that decision.  The application for an extension of time is refused.

5. 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
8 September 2011 S.M Kiefel