SZQAO v Minister for Immigration and Citizenship

[2011] HCASL 204

SZQAO
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2011] HCASL 204
S292/2011

1. The applicant, a citizen of India, arrived in Australia on 29 June 2009 and applied for a protection visa on 18 June 2010.  On 15 October 2010, a delegate of the first respondent refused the application.  The applicant claimed, inter alia, to be a member of the Sikh religion and the head of an organisation, called "Dera Sacha Sauda" ("the DSS").  The applicant claims he was subjected to violence during prayer meetings, and that on one instance, he was beaten by members of a rival committee ("the KAC") with a metal bar and hospitalised.  On 17 February 2011, the Refugee Review Tribunal ("the Tribunal") affirmed the delegate's decision, finding the applicant's claim was vague and lacked essential details on his reasons for joining the DSS, and details surrounding the attack by the KAC.

2. The applicant sought judicial review of the Tribunal's decision in the Federal Magistrates Court and on 24 May 2011, Emmett FM dismissed the application, finding the applicant lacked the evidence to support the allegations, and rejected them on their merit.  Her honour found that the Tribunal's decision was not afflicted by bias or judicial error.

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

4. The applicant now seeks special leave to appeal to this Court.  The application does not engage with the reasoning of the Federal Court.  There is no reason to doubt the correctness of the decision of the Federal Court. Special leave to appeal 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
1 December 2011 S.M. Kiefel