SZRTN v Minister for Immigration and Border Protection

[2014] HCASL 51

SZRTN

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2014] HCASL 51
S206/2013

1. The applicant seeks special leave to appeal against the orders of a single judge of the Federal Court of Australia (Foster J) dismissing an appeal against orders of the Federal Circuit Court of Australia (Judge Nicholls).  The Federal Circuit Court dismissed the applicant's application for judicial review of the determination of the Refugee Review Tribunal ("the Tribunal") to affirm the decision of a delegate of the first respondent refusing to grant him a Protection (Class XA) visa.

2. As the applicant does not have legal representation, the application falls to be dealt with under r 41.10 of the High Court Rules 2004 (Cth).

3. There is no reason to doubt the Federal Court's conclusion that the Tribunal did not apply an incorrect test in determining the applicant's claim to have satisfied the criterion in s 36(2)(aa) of the Migration Act 1958 (Cth). Nor is there reason to doubt the correctness of the Federal Court's rejection of the applicant's complaint that he was denied procedural fairness by the Tribunal. Foster J's discretionary determination to refuse the applicant an adjournment does not give rise to an arguable ground of appeal.

4. An appeal to this Court would not enjoy sufficient prospects of success to warrant a grant of special leave.

5. The application is dismissed.

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

V.M. Bell
12 March 2014 S.J. Gageler