SZSWC v Minister for Immigration and Border Protection

[2015] HCASL 245

SZSWC

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2015] HCASL 245
S197/2015

1. The applicant, a national of Bangladesh, applies for special leave to appeal from a judgment of the Federal Court of Australia (Reeves J) dismissing his appeal from the Federal Circuit Court of Australia (Judge Nicholls) and refusing leave to raise two grounds of appeal which were not relied on by the applicant in the Federal Circuit Court.  The Federal Circuit Court dismissed the applicant's application for judicial review of a decision of the Refugee Review Tribunal affirming the decision of a delegate of the first respondent not to grant him a Protection (Class XA) visa.

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

3. The issues raised by the applicant's proposed grounds of appeal are substantially the same as those considered by the Federal Court.  Reeves J addressed the two grounds that had not been relied upon before the Federal Circuit Court, and one ground considered by that Court, and determined that none of the grounds had merit.  Nothing in the material filed in support of the application calls into question the correctness of his Honour's decision.  If special leave to appeal were granted, the appeal would enjoy no prospect of success.

4. The application is dismissed.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

V.M. Bell
17 December 2015 S.J. Gageler