SZSEY v Mnister for Immigration and Border Protection

[2014] HCASL 170

SZSEY

v

MNISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2014] HCASL 170
S92/2014

1. The applicant is a citizen of the People's Republic of China.  On 8 November 2011, he applied for a Protection (Class XA) visa on the ground that he would face persecution by Chinese authorities by reason of his political support for Uighur people resident in China.  On 7 March 2012, a delegate of the first respondent refused his application.

2. On 18 October 2012, the Refugee Review Tribunal ("the Tribunal") affirmed the delegate's decision.  The Tribunal found that there were inconsistencies and implausibilities in the applicant's evidence and that documents relied on by the applicant had been fabricated.  The Tribunal did not accept the applicant's claims. 

3. On 15 November 2013, the Federal Circuit Court of Australia (Lloyd‑Jones J) dismissed an application for review of the Tribunal's decision, holding that the grounds of review did not identify any jurisdictional error and that no such error existed.

4. On 27 March 2014, the Federal Court of Australia (Yates J) dismissed the applicant's appeal against the decision of Lloyd‑Jones J, on the basis that the applicant did not identify any appealable error in that decision.  

5. The applicant has not raised any questions of law that would justify a grant of special leave to appeal to this Court.  The applicant relies on the same complaints he made in the courts below; he provides no reason to doubt the correctness of Yates J's decision.  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
11 September 2014 P.A. Keane