SZRIU v Minister for Immigration and Citizenship

[2013] HCASL 152

SZRIU

v

MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR

[2013] HCASL 152
S97/2013

1. The applicant is a citizen of Bangladesh.  On 26 November 2010, he applied for a Protection (Class XA) visa.  His application was refused by a delegate of the first respondent on 12 August 2011.

2. On 19 March 2012, the Refugee Review Tribunal ("the Tribunal") affirmed the delegate's decision.  The Tribunal concluded that the applicant was not a witness of truth and that the account of events on which his application was based was false.  The Tribunal also relied on its adverse credibility finding in giving little weight to a large body of documentary evidence that the applicant argued would corroborate his claims.  The Tribunal rejected the applicant's claims in their entirety.

3. On 15 February 2013, the Federal Magistrates Court of Australia (Emmett FM) dismissed an application for judicial review of the Tribunal's decision with costs.

4. An appeal to the Federal Court of Australia (Cowdroy J) was unsuccessful.  Cowdroy J noted that the appeal could be dismissed on the basis that the applicant only raised issues of fact, even though the applicant had been informed of the nature of the appeal.  Nevertheless, Cowdroy J considered each of the applicant's three grounds of appeal.  His Honour observed that they were identical to those rejected in the court below.  His Honour could find no error in the reasons of Emmett FM.  To the extent that the applicant made allegations of events of persecution that had not been put before the Tribunal, this was not a permissible ground for judicial review.

5. The applicant now seeks to continue to press the three grounds of appeal rejected in the courts below.  There is no reason to doubt the correctness of the Federal Court's decision.  Special leave is refused.

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

S.M. Kiefel
4 September 2013 P.A. Keane