SZTBE v Minister for Immigration and Border Protection

[2015] HCASL 113

SZTBE

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2015] HCASL 113
S286/2014

1. The applicant is a citizen of Sri Lanka who applied for a Protection (Class XA) visa.  On 15 October 2012, a delegate of the first respondent refused the application.  The Refugee Review Tribunal ("the Tribunal") affirmed the delegate's decision on 7 June 2013.  The Tribunal was not satisfied that the applicant faced a real risk of significant harm in Sri Lanka or had a well‑founded fear of persecution due to his race, an imputed political opinion or membership of any social group.

2. On 19 June 2014, the Federal Circuit Court of Australia (Emmett J) dismissed an application for judicial review of the Tribunal's decision.  Emmett J held that the findings of fact made by the Tribunal were open to it on the evidence before it and that it had applied the correct law to these findings.

3. On 3 November 2014, the Federal Court of Australia (Rares J) dismissed the applicant's appeal.  In so doing, his Honour rejected the applicant's interlocutory application for leave to amend the notice of appeal to include grounds that were not raised before the primary judge.  Rares J held that the applicant, who had been represented at all times, had not established an appropriate reason to justify the grant of leave.  In any event, the additional grounds in effect sought merits review and had no substantive prospect of success.

4. The applicant now seeks special leave to appeal to this Court.  The applicant seeks to contest the exercise of discretion by Rares J to refuse leave to amend.  His Honour's exercise of this discretion is a matter of practice and procedure and was in accordance with well settled principle.  This application raises no question of principle.  Special leave is refused.

5. Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

S.M. Kiefel
18 June 2015 P.A. Keane