SZQDC v Minister for Immigration and Citizenship

[2012] HCASL 50

SZQDC
v
 MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2012] HCASL 50
S402/2011

1. The applicant, who claims to be a citizen of Malaysia of ethnic Chinese origin, entered Australia on 27 June 2008 and applied for a Protection visa on 31 August 2010.  A delegate of the first respondent refused the applicant's application for a protection visa on 23 November 2010.  The second respondent, the Refugee Review Tribunal ("the Tribunal"), affirmed the delegate's decision on 15 March 2011.

2. The applicant claimed that, as an ethnic Chinese, he was subject to extortion and violence at the hands of a local criminal organisation whilst residing in Malaysia.  In support of his application, the applicant made reference to an attack against him by the local criminal organisation, resulting in him being injured.

3. The Tribunal rejected the claims of the applicant, finding that the material claims lacked credibility, highlighting various inconsistencies in the applicant's evidence.

4. The applicant sought judicial review of the Tribunal's decision in the Federal Magistrates Court (Raphael FM), claiming, among other things, that: (a) the Tribunal fell into jurisdictional error by failing to properly consider his claim; and (b) the Tribunal contravened s 424A of the Migration Act 1958 (Cth) by not providing the applicant with country information which the Tribunal relied on to reach its determination. On 4 July 2011, Raphael FM dismissed the applicant's claims.

5. The applicant then appealed to the Federal Court, asserting that the Tribunal had acted unreasonably, irrationally or illogically so as to infect the decision with jurisdictional error.  On 15 November 2011, Logan J dismissed the appeal.

6. The applicant now seeks special leave to appeal to this Court from the decision of Logan J.  No error has been shown in his Honour's decision.  An appeal to this Court would fail.  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
29 March 2012 S.M. Kiefel