SZOYO v Minister for Immigration and Citizenship

[2012] HCASL 31

SZOYO
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP
[2012] HCASL 31
S376/2011

1. The applicant is a citizen of the People's Republic of China.  The Refugee Review Tribunal ("the Tribunal") upheld a decision of a delegate of the respondent refusing the applicant's application for a protection visa.  The applicant claimed to fear persecution on grounds of religion.  The Tribunal rejected the claims because of the vagueness, inconsistency and implausibility of his evidence.

2. The applicant applied for judicial review to the Federal Magistrates Court (Barnes FM).  Barnes FM rejected arguments that the Tribunal had simply adopted the findings of the delegate, that the Tribunal was biased, and that procedural fairness had been denied.  She found no jurisdictional error in the Tribunal's decision.

3. The applicant appealed to the Federal Court of Australia (Katzmann J).  She agreed with the conclusions of Barnes FM. 

4. The applicant applies for special leave to appeal to this Court.  The sole ground of appeal appearing in the applicant's draft Notice of Appeal is:  "The two respondents' decisions are wrong.  They don't consider my case fully.  I don't agree with them."  The only material in support of that ground appearing in the applicant's Written Case is:  "If you don't live in China, how can you feel my pain?  How can you believe I go back and will not be life-threatening?  Would you 100% sure I will not be killed?" 

5. The papers filed in support of the application for special leave identify no respect in which there is any prospect of concluding that the conclusion of the Federal Court was wrong. 

6. The application is dismissed.

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

   J.D. Heydon  V.M. Bell
   29 February 2012