SZQJH v Minister for Immigration and Border Protection

[2014] HCASL 154

SZQJH

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2014] HCASL 154
S306/2013

1. In May 2012, the second respondent found that the applicant did not meet the criteria for a Protection (Class XA) visa and recommended that the applicant not be recognised as a person to whom Australia has protection obligations.  An application for judicial review of that recommendation was dismissed by the Federal Circuit Court of Australia.

2. The applicant appealed to the Full Court of the Federal Court of Australia (Jagot, Robertson and Mortimer JJ).  The applicant's sole ground of appeal was that the primary judge erred in finding that the second respondent's recommendation was not affected by a denial of procedural fairness because the second respondent failed to disclose that she might find that a Sri Lankan court document produced by the applicant, although genuine, may not relate to the applicant.  The Full Court dismissed the appeal, finding that the applicant was aware that an issue the second respondent might decide was whether the document related to him.

3. The applicant seeks special leave to appeal to this Court.  The applicant has not identified any question of principle that would warrant a grant of special leave.  The application is dismissed.

4. Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

V.M. Bell
15 August 2014 S.J. Gageler