SZTIL v Minister for Immigration and Border Protection

[2015] HCASL 46

SZTIL

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2015] HCASL 46
S292/2014

1. The applicant is a citizen of Bangladesh.  He applied for a Protection (Class XA) visa on the ground that if he were returned to Bangladesh he would face persecution on account of his political opinion.  On 25 July 2012, a delegate of the first respondent refused his application.

2. On 16 September 2013, the Refugee Review Tribunal ("the Tribunal") affirmed the delegate's decision.  The Tribunal found that the applicant was not a credible witness and did not accept his claims.

3. On 23 July 2014, the Federal Circuit Court of Australia (Driver J) dismissed an application for judicial review of the Tribunal's decision, holding that the applicant had failed to demonstrate that the Tribunal had made any jurisdictional error, and impermissibly sought merits review.

4. On 5 November 2014, the Federal Court of Australia (Wigney J) dismissed the applicant's appeal.  Wigney J held that it was open to the Tribunal to reject the applicant's claims, all that the Federal Circuit Court was correct to find that there had been no jurisdictional error.

5. The applicant now seeks special leave to appeal to this Court.  The applicant's draft notice of appeal does not disclose any reason to doubt the decision of Wigney J.  The allegation of bias is unsubstantiated.  An appeal to this Court enjoys no prospect 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
9 April 2015 P.A. Keane