SZTKJ v Minister for Immigration and Border Protection

[2014] HCASL 244

SZTKJ

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2014] HCASL 244
S253/2014

1. The applicant is a national of Bangladesh.  On 11 April 2013, he applied for a Protection (Class XA) visa.  On 17 July 2013, a delegate of the first respondent refused to grant the visa.

2. On 24 September 2013, the Refugee Review Tribunal ("the Tribunal") affirmed the delegate's decision.  The Tribunal found the applicant lacking in credibility in the presentation of substantive aspects of his claims.  It also considered that documents submitted by the applicant in support of his claim were of little evidentiary value, and gave them no weight.  The Tribunal was not satisfied that the applicant was a person in respect of whom Australia has protection obligations under the Refugees Convention, nor under the complementary protection criterion for a protection visa.

3. On 16 May 2014, the Federal Circuit Court of Australia (Manousaridis J) dismissed an application for judicial review.  Manousaridis J considered that the applicant had not shown the Tribunal made any jurisdictional error in affirming the delegate's decision.

4. On 22 August 2014, the Federal Court of Australia (Gilmour J) dismissed the applicant's appeal.  Gilmour J found that the applicant's grounds of appeal disclosed no appealable error.  His Honour considered that the findings concerning document fraud were open to the Tribunal on the material before it, and the applicant was given ample opportunity to present evidence, generally and in relation to these documents.  Moreover, Manousaridis J had been astute to explore possible grounds for error, and had found none.

5. The applicant seeks special leave to appeal to this Court.  The applicant's written case identifies nothing that constitutes an error of law on the part of the Tribunal.  There is no reason to doubt the correctness of the decision of the Federal Court.  An appeal to this Court would have 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
11 December 2014 P.A. Keane