SZTRU v Minister for Immigration and Border Protection

[2015] HCASL 130

SZTRU

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2015] HCASL 130
S63/2015

1. The applicant is a citizen of India.  He seeks special leave to appeal against orders of the Federal Court of Australia (Katzmann J) dismissing his appeal against orders of the Federal Circuit Court of Australia (Judge Nicholls).  Judge Nicholls dismissed an application for judicial review of the decision of the Refugee Review Tribunal ("the Tribunal"), which had affirmed the decision by a delegate of the first respondent to refuse to grant a Protection (Class XA) visa to the applicant. 

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

3. In the Federal Court, the applicant submitted that the Tribunal had erred in its reliance on country information from the US State Department, a Ministerial Direction and certain Ministerial Guidelines, and that the Tribunal had denied the applicant procedural fairness by not providing him with a sufficient opportunity to "reply" to "adverse findings".  The applicant seeks to raise substantially similar arguments in this Court.  There is no reason to doubt the correctness of the decision of the Federal Court on each issue, and an appeal to this Court would enjoy no prospect of success.  The application is dismissed.

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

V.M. Bell
13 August 2015 S.J. Gageler