SZRXP v Minister for Immigration and Border Protection

[2014] HCASL 88

SZRXP

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2014] HCASL 88
S295/2013

1. The applicant is a Chinese national.  He seeks special leave to appeal against the orders of the Federal Court of Australia (Farrell J) dismissing an appeal from the Federal Circuit Court of Australia (Judge Emmett).  Judge Emmett dismissed an application for judicial review of the decision of the Refugee Review Tribunal (“the Tribunal”) affirming the refusal to grant the applicant a Protection (Class XA) visa by a delegate of the first respondent.  The Tribunal did not accept the credibility of the applicant’s claims to engage Australia's protection obligations.

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

3. There is no reason to doubt the correctness of the conclusion that the applicant failed to establish that the Tribunal’s decision was tainted by jurisdictional error.

4. If special leave to appeal were granted, the appeal would have no prospect of success.

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
13 May 2014 S.J. Gageler