SZTYY v Minister for Immigration And Border Protection and Anor
[2015] HCASL 244
SZTYY
v
MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR
[2015] HCASL 244
S196/2015
The applicant is a national of Pakistan who seeks special leave to appeal against orders of the Federal Court of Australia (McKerracher J) dismissing his appeal against orders of the Federal Circuit Court of Australia (Judge Manousaridis). Judge Manousaridis dismissed an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") to affirm a decision of a delegate of the first respondent to refuse to grant the applicant a Protection (Class XA) visa.
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).
Before both the Federal Circuit Court and the Federal Court, the applicant argued that the Tribunal made a number of errors in affirming the delegate's decision. The Federal Circuit Court rejected the applicant's claims, finding that none of the matters raised by the applicant indicated that the Tribunal had committed a jurisdictional error. On appeal, the Federal Court held that no error was disclosed in the judgment of the Federal Circuit Court.
In this Court, the applicant seeks to raise similar arguments to those rejected by the Federal Circuit Court and the Federal Court. Those arguments turn on the application of well-established principles to the particular circumstances of the applicant's case. The applicant's assertion that the Federal Court did not consider a number of his grounds of appeal is misconceived and wrong. The applicant has had the benefit of two tiers of judicial consideration of those circumstances and there is no reason to doubt the correctness of the outcome which was reached at both of those tiers. The application is dismissed.
Pursuant to r 41.10.5, we direct the Registrar to draw up, sign and seal an order dismissing the application.
V.M. Bell
17 December 2015S.J. Gageler
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