SZRPT v Minister for Immigration and Border Protection

[2014] HCASL 110

SZRPT

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2014] HCASL 110
S40/2014

1. The applicant is a citizen of the People's Republic of China.  She entered Australia on a student visa on 31 October 2007.  On 13 September 2011, she applied for a Protection (Class XA) visa, which was refused by a delegate of the first respondent on 23 December 2011.

2. On 31 May 2012, the Refugee Review Tribunal ("the Tribunal") affirmed the delegate's decision.  The Tribunal was not satisfied as to the applicant's credibility, finding that her evidence was inconsistent on matters that were central to her claims.

3. On 5 June 2013, the Federal Circuit Court of Australia (Nicholls J) dismissed an application for review of the Tribunal's decision.  Nicholls J held that none of the applicant's grounds of review or her complaints of bias or denial of natural justice was made out.  Although Nicholls J found that the Tribunal had made a factual error in respect of the applicant's claims concerning her religion, his Honour concluded that this did not amount to jurisdictional error.

4. On 3 February 2014, the Federal Court of Australia (Katzmann J) dismissed the applicant's appeal from the decision of Nicholls J.  Katzmann J was not satisfied that the Tribunal had committed any jurisdictional error.  Her Honour agreed that any factual errors made by the Tribunal were not of a jurisdictional nature and held that the applicant's other grounds of appeal were without substance.  Her Honour also rejected the applicant's complaint of bias and unfairness.

5. The applicant now seeks special leave to appeal to this Court.  The grounds of appeal outlined in the applicant's draft notice of appeal raise complaints of unfairness that have been rejected in the courts below.  An appeal to this Court would enjoy no prospects of success.  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
19 June 2014 P.A. Keane