SZQNJ v Minister for Immigration and Citizenship

[2014] HCASL 57

SZQNJ

v

MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR

[2014] HCASL 57
S91/2013

1. The applicant is a Sri Lankan national who arrived in Australia at Christmas Island in December 2009.  The applicant applied for a refugee status assessment.  He claimed to fear persecution in Sri Lanka because of his Tamil ethnicity and his imputed political opinions.

2. An adverse refugee status assessment was affirmed by an independent merits reviewer in August 2010.  Following the delivery of judgment in Plaintiff M61/2010E v The Commonwealth[1] a second independent merits review of the applicant's claims to refugee status was undertaken.  This, too, resulted in a recommendation that was adverse to the applicant.

   [1](2010) 243 CLR 319; [2010] HCA 41.

3. An application for judicial review of the determination of the independent merits reviewer by the Federal Magistrates Court of Australia (Barnes FM) was dismissed.

4. The applicant appealed unsuccessfully to the Federal Court of Australia (Dowsett J).

5. The applicant applies for special leave to appeal on grounds which assert that he was denied procedural fairness by the manner in which the second reviewer treated his entry interview.  As the applicant's summary of argument makes clear, the gravamen of the challenge is to the second reviewer's fact-finding.  The application does not identify any question of law of public importance justifying the grant of special leave.  An appeal to this Court would not enjoy prospects of success.

6. The application is dismissed.

7. 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
12 March 2014 S.J. Gageler