SZSOB v Minister for Immigration and Border Protection

[2014] HCASL 239

SZSOB

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2014] HCASL 239
S203/2014

1. The applicant is a citizen of India.  On 24 January 2012, he applied for a Protection (Class XA) visa on the basis that, if he were to return to India, he would face persecution on account of a religious belief that had been imputed to him.  On 19 June 2012, a delegate of the first respondent refused the application for a visa.

2. On 8 January 2013, the Refugee Review Tribunal ("the Tribunal") affirmed the decision of the delegate.  The Tribunal took an adverse view of the applicant's credibility, finding that his claims were vague and changeable.  The Tribunal was not satisfied that the applicant had a well‑founded fear of persecution, and noted the applicant's recent travel to and from India. 

3. On 10 March 2014, the Federal Circuit Court of Australia (Raphael J) dismissed an application for judicial review of the Tribunal's decision.  His Honour held that the applicant had failed to make out his grounds of review.  

4. On 27 June 2014, the Federal Court of Australia (Flick J) dismissed the applicant's appeal from the decision of the Federal Circuit Court.  Flick J held that the applicant's grounds of appeal were without substance and that no error was discernable in the decision of the Tribunal or the Federal Circuit Court. 

5. The applicant now seeks special leave to appeal to this Court.  The applicant's grounds of appeal fail to identify any reason to doubt the correctness of the decision of Flick J or any basis upon which it would be appropriate to make a grant of special leave.  Special leave is 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 December 2014 P.A. Keane