SZRUM v Minister for Immigration, Multicultural Affairs and Citizenship

[2013] HCASL 203

SZRUM

v

MINISTER FOR IMMIGRATION, MULTICULTURAL AFFAIRS AND CITIZENSHIP & ANOR

[2013] HCASL 203
S158/2013

1. The applicant is a Pakistani citizen.  On 9 June 2011, he applied for a Protection (Class XA) visa.  The applicant claims that he jointly ran a photography laboratory in Rawalpindi that would often provide services to Pakistani government entities, including defence and intelligence agencies.  On two occasions he claims to have been kidnapped, assaulted and interrogated concerning defence and intelligence matters by unknown men.  A delegate of the Minister rejected his application on 8 March 2012 on the grounds that his story was "manufactured so as to give substance to his refugee claims". 

2. The Refugee Review Tribunal ("the Tribunal") affirmed the decision of the delegate on 20 August 2012.  The Tribunal took an adverse view of the applicant's credibility and considered that he had exaggerated many of his claims, including those concerning his links to Pakistani defence and intelligence agencies.  The Tribunal did not accept that the applicant was ever kidnapped, mistreated or threatened or that he would suffer significant harm if returned to Pakistan.

3. The Federal Circuit Court of Australia (Judge Emmett) dismissed an application for judicial review of the Tribunal's decision with costs on 22 April 2013.  Her Honour was satisfied that the Tribunal properly complied with all of its statutory obligations concerning the making of its decision.

4. On 2 August 2013, the Federal Court of Australia (Rares J) dismissed the applicant's appeal against the decision of the Federal Circuit Court with costs.  Rares J held that the applicant's grounds of appeal were, in essence, challenges to factual findings and did not identify any jurisdictional error for which the Court would have jurisdiction to grant relief.

5. The applicant now seeks leave to appeal to this Court against the decision of Rares J.  He does not, however, identify any reason to doubt the correctness of that decision or any basis upon which it would be appropriate to make a grant of special leave.  Special leave should be 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
13 December 2013 P.A. Keane