SZTKA v Minister for Immigration and Border Protection

[2015] HCASL 68

SZTKA

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2015] HCASL 68
S320/2014

1. The applicant, a national of Bangladesh, seeks special leave to appeal from a judgment of the Federal Court of Australia (Barker J) dismissing his appeal from the Federal Circuit Court of Australia (Judge Nicholls). 

2. 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.  The Tribunal found that the applicant was not a credible witness and that he had fabricated parts of his evidence.  The Tribunal was not satisfied that the applicant is a person in respect of whom Australia has protection obligations.

3. 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).

4. The prolix grounds of appeal and written case do not disclose any arguable basis of challenge to the Federal Court's decision.  There is, in any event, no reason to doubt its correctness.  If special leave to appeal were granted, the appeal would enjoy no prospect of success.  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
6 May 2015 S.J. Gageler