SZQPT v Minister for Immigration and Citizenship

[2013] HCASL 8

SZQPT

v

MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR

[2013] HCASL 8
S287/2012

1. The applicant is a citizen of India.  On 11 August 2011, the Refugee Review Tribunal ("the Tribunal") dismissed an application for review of a decision made by a delegate of the first respondent.  The delegate had refused the applicant a protection visa.  The applicant claimed to fear persecution on the ground of political opinion.  Those claims were rejected for numerous reasons relating to credibility.  On 15 March 2012, the Federal Magistrates Court (Smith FM) dismissed an application for judicial review.  Apart from various complaints as to the merits which were dressed in the garb of claims of jurisdictional error, the applicant complained that the Tribunal had failed to allow him additional time to present further evidence.  Smith FM rejected all the complaints.

2. On 3 September 2012, the Federal Court of Australia (Jagot J) dismissed an appeal. 

3. The papers filed in support of the applicant's application for special leave to appeal to this Court are in a standard form familiar from other applications of this kind.  The papers are not directed to the specific terms of the reasoning in the Federal Magistrates Court and the Federal Court of Australia.  They rely on legal points which have no connection to the particular circumstances of the case.  If special leave were granted, the appeal would have no prospects of success.  

4. The application is dismissed.

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

J.D. Heydon
26 February 2013 V.M. Bell