SZRMS v Minister for Immigration and Citizenship

[2013] HCASL 154

SZRMS

v

MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR

[2013] HCASL 154
S109/2013

1. The applicant is a citizen of Pakistan.  In November 2010, he was granted a tourist visa, but he did not arrive in Australia until 9 March 2011.  On 31 May 2011, he applied for a Protection (Class XA) visa which was refused by a delegate of the first respondent on 2 November 2011.

2. On 27 April 2012, the Refugee Review Tribunal ("the Tribunal") affirmed the delegate's decision.  The Tribunal found that the applicant was not truthful or credible in relation to some key aspects of his claims.The Tribunal did not accept any of the applicant's claims, including that he or his family had been threatened or that he had been a victim of extortion.  The Tribunal considered that, had he been in fear of serious harm, the applicant would have travelled to Australia soon after he was granted a tourist visa, rather than four months later.

3. On 8 February 2013, the Federal Magistrates Court of Australia (Barnes FM) dismissed an application for judicial review of the Tribunal's decision, with costs.  Barnes FM held that all four of the applicant's grounds of review failed, including a complaint that the Tribunal had denied the applicant procedural fairness.  It was open to the Tribunal to make the factual and credibility findings that it did.

4. On 17 May 2013, the Federal Court of Australia (Rares J) dismissed the applicant's appeal from that decision, with costs.  The grounds of appeal did not raise any arguable error in the reasons of the Tribunal or Barnes FM.  Her Honour had given careful consideration to the applicant's arguments, and was correct to dismiss them.

5. The applicant now seeks to re-agitate grounds of appeal that were dismissed in the court below.  The application for special leave to appeal does not advance any question of law that would justify a grant of special leave to appeal.  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