SZUUZ v Minister for Immigration and Border Protection

[2015] HCASL 168

SZUUZ

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2015] HCASL 168
S122/2015

1. The applicant is a citizen of Bangladesh who claims to fear returning to that country because he is a Buddhist.  On 17 December 2013, a delegate of the first respondent rejected the applicant's application for a Protection (Class XA) visa.

2. On 25 June 2014, the Refugee Review Tribunal ("the Tribunal") affirmed the delegate's decision.  The Tribunal was satisfied that the applicant was a Barua Buddhist monk in Bangladesh, but the Tribunal did not accept that the applicant would be persecuted in Bangladesh either as a Buddhist, a monk or as an author of religious texts, nor that he faced a real risk of significant harm.  The Tribunal found that the applicant was not a person in respect of whom Australia owes protection obligations.

3. On 23 February 2015, the Federal Circuit Court of Australia (Street J) dismissed an application for judicial review of the Tribunal's decision.  Street J held that the Tribunal had considered whether the applicant faced a heightened risk of harm as the author of religious texts, and that it was open to the Tribunal to make the adverse findings against the applicant.

4. On 26 May 2015, the Federal Court of Australia (Siopis J) dismissed the applicant's appeal.  The applicant failed to appear before the Court and failed to provide a medical certificate in support of his claim of illness. His appeal was dismissed for non‑appearance; but Siopis J also considered the merits of the appeal and found it to be without substance. 

5. The applicant applies for special leave to appeal to this Court.  The applicant fails satisfactorily to address the threshold issue of his non‑appearance at the Federal Court hearing.  In addition, none of the grounds of appeal in the draft notice of appeal is of any substance.  An appeal to this Court would have no prospect of success.  Special leave is refused.

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

S.M. Kiefel
15 October 2015 P.A. Keane