SZSQY v Minister for Immigration and Border Protection

[2014] HCASL 32

SZSQY

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2014] HCASL 32
S305/2013

1. The applicant is a citizen of the People's Republic of China.  He arrived in Australia on 30 August 2010 on a temporary business visa.  On 13 March 2012, he applied for a Protection (Class XA) visa, which was refused by a delegate of the first respondent on 21 June 2012.

2. On 14 February 2013, the Refugee Review Tribunal ("the Tribunal") affirmed the delegate's decision.  The Tribunal did not accept the applicant's evidence in relation to key aspects of his claims.  The Tribunal also considered that, by waiting one year and eight months before applying for a protection visa, the applicant had not acted consistently with his alleged persecution.

3. On 7 August 2013, the Federal Circuit Court of Australia (Barnes J) dismissed an application for review of the Tribunal's decision.  Barnes J rejected the applicant's grounds for review, which included a challenge to the Tribunal's credibility findings.  Her Honour held that the applicant sought impermissible merits review and had not established jurisdictional error.

4. On 29 November 2013, the Federal Court of Australia (Cowdroy J) dismissed the applicant's appeal from the decision of Barnes J.  Cowdroy J held that the appeal sought impermissible merits review and that the assessment of credibility was solely the function of the Tribunal.  His Honour considered that the Tribunal's reasons were comprehensive and that the applicant's claim of illogicality or irrationality amounted to no more than disagreement with the Tribunal's decision.

5. The applicant now seeks special leave to appeal to this Court.  The appeal grounds outlined in the applicant's draft notice of appeal are without foundation and are not substantiated by the applicant's written case.  An appeal to this Court would enjoy no prospects of success.  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
6 March 2014 P.A. Keane