SZOXY v Minister for Immigration and Citizenship

[2011] HCASL 197

SZOXY
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2011] HCASL 197
S295/2011

1. The applicant, who claims to be a citizen of Nepal, arrived in Australia on 2 March 2010 and applied for a protection visa on 19 March 2010.  On 29 September 2010, a delegate of the first respondent refused his application.  The applicant claimed to fear persecution on grounds that as an active member of the Rastriya Prajatantra Party ("RPP") he was threatened and harassed by Maoists.

2. Prior to the Refugee Review Tribunal ("the Tribunal") hearing, the Tribunal wrote to the applicant on 27 October 2010 requesting more information regarding a series of photos which the applicant had lodged in support of his claim depicting him at a political rally with other RPP supporters but which appeared to have been doctored.  The applicant did not respond to this letter.  On 16 December 2010, the Tribunal affirmed the delegate's decision finding that the applicant lacked credibility.

3. An application for judicial review of the Tribunal's decision was dismissed by the Federal Magistrates Court on 27 April 2011.

4. Cameron FM found, given the applicant was deficient in his knowledge about the RPP, and there was nothing irrational or illogical in the Tribunal finding, that the evidence submitted before it was doctored.

5. The applicant appealed to the Federal Court.  On 2 August 2011, Greenwood J dismissed the appeal, finding there was no error in the decision of Cameron FM.

6. The applicant now seeks special leave to appeal to this Court from the decision of Greenwood J.  The applicant would enjoy insufficient prospects of success on an appeal to this Court.  Special leave is refused.

7. 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
1 December 2011 S.M. Kiefel