SZUQD v Minister For Immigration And Border Protection and Anor

[2015] HCASL 246

SZUQD

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2015] HCASL 246
S211/2015

1. The applicant is a Chinese national who seeks special leave to appeal against orders of the Federal Court of Australia (Reeves J) dismissing his appeal against orders of the Federal Circuit Court of Australia (Judge Street).  Judge Street 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.

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. 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.

4. In this Court, the applicant contends that the Tribunal's decision was affected by bias, that the Federal Circuit Court denied him a fair hearing and that the Federal Court did not fairly consider his appeal.  We are not satisfied that anything in the material filed in support of those contentions establishes an arguable basis for any of them.  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
17 December 2015 S.J. Gageler