SZRTV v Minister for Immigration and Citizenship

[2013] HCASL 150

SZRTV

v

MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR

[2013] HCASL 150
S89/2013

1. The applicant is a citizen of Pakistan who arrived in Australia on 14 February 2009.  He applied for a Protection (Class XA) visa on 23 November 2010.  On 5 December 2011, a delegate of the first respondent refused the application.

2. On 13 August 2012, the Refugee Review Tribunal ("the Tribunal") affirmed the delegate's decision.  The applicant principally claimed to fear persecution by the Taliban, because of his actual or imputed political opinion, or by pro-Taliban sympathisers within government agencies and by Pakistani auhtorities because of his Pashtun ethnicity.  The Tribunal was satisfied that the applicant did not claim that the Taliban would harm him for the Convention reason of his religion because they believed that he had fallen away from the Islamic faith or that he had become an infidel.  The Tribunal doubted the applicant's credibility, holding that his description of events was implausible.  The Tribunal was not satisfied that the applicant's family had been, or were at that time, targeted by the Taliban, or that they had ever suffered harm, through loss of their house or in any other way.  The Tribunal was also not satisfied that there was a real chance, if the applicant returned to the Swat Valley, that he would suffer harm from the Taliban or others because of his political opinions.  

3. On 19 February 2013, the Federal Magistrates Court of Australia (Driver FM) dismissed an application for review of the Tribunal's decision.  The applicant claimed that he was denied procedural fairness, and alleged actual bias and illogicality.  Driver FM found that, to the extent that the applicant claimed that he was denied procedural fairness, it was apparent from the Tribunal's summary of the hearing and its findings that he was on notice that whether or not his home had been specifically targeted by the Taliban for destruction was a matter in issue.  With respect to the further complaints of actual bias and illogicality, Driver FM held that they lacked foundation and substance.

4. On 29 April 2013, the Federal Court of Australia (Robertson J) dismissed the applicant's appeal against the decision of Driver FM.  Robertson J held that there was no denial of procedural fairness and that there was nothing to sustain the complaints of illogicality or bias.

5. The applicant seeks special leave to appeal to this Court using submissions that are not directed to the decision below.  The application shows no reason to doubt the correctness of Robertson J's decision, and the applicant enjoys no prospects of success.  The application for special leave must be dismissed.

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