SZUIB v Minister for Immigration and Border Protection

[2015] HCASL 202

SZUIB

v

MINISTER FOR IMMIGRATION
AND BORDER PROTECTION & ANOR

[2015] HCASL 202

S159/2015

1. On 24 April 2014, the Refugee Review Tribunal (now known as the Administrative Appeals Tribunal) affirmed a decision of a delegate of the first respondent refusing the applicant a Protection (Class XA) visa.  The Tribunal rejected the applicant's claim that she faced the prospect of persecution in Tonga because of her refusal to enter into a forced marriage in Tonga.  The Tribunal did not consider the applicant or her husband, who gave evidence in support of her application, could be accepted as credible witnesses.

2. On 14 April 2015, a judge of the Federal Circuit Court of Australia (Judge Manousaridis) dismissed the applicant's application for judicial review of the Tribunal's decision and on 6 August 2015, a judge of the Federal Court of Australia (Gilmour J) dismissed her appeal from the orders of Judge Manousaridis. 

3. The applicant's sole ground of complaint before the Federal Court was that Judge Manousaridis had erred in law in not holding that the Tribunal had denied her procedural fairness by failing to take into account a magazine article, entitled "An Unequal Marriage" which concerned a woman from Southeast Asia who had entered into a marriage arranged by her parents and, as a result, suffered misfortune and abuse.  Gilmour J held that the Tribunal was under no obligation to afford the applicant an opportunity to provide the article to the Tribunal, because neither the applicant nor her husband had made any reference to it during the course of the hearing and, in any event, because the article was irrelevant.

4. The applicant now seeks special leave to appeal against the orders of Gilmour J. The grounds of the application are the same as the grounds on which the applicant relied before Gilmour J. As the applicant does not have legal representation, the application falls to be dealt with under r 41.10 of the High Court Rules 2004 (Cth).

5. The applicant advances no arguable ground of appeal against the decision of Gilmour J. An appeal to this Court would enjoy no prospect of success. Pursuant to r 41.10.5, we direct the Registrar to draw up, sign and seal an order dismissing the application.

G.A.A. Nettle
11 November 2015 M.M. Gordon