WZART v Minister for Immigration and Citizenship

[2014] HCASL 235

WZART

v

MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR

[2014] HCASL 235
P35/2014

1. The applicant is a citizen of Sri Lanka.  On 21 January 2011, he made a request for a refugee status assessment on the ground that he feared persecution by the Sri Lankan government because of his imputed support for the Liberation Tigers of Tamil Eelam.  On 20 April 2011, a delegate of the first respondent made a negative assessment of that application.

2. On 13 May 2011, the applicant sought an independent merits review of the delegate's decision.  The second respondent, the independent merit reviewer, concluded that the applicant did not have a well‑founded fear of persecution if he were to return to Sri Lanka and found that the applicant did not meet the criteria for a Protection (Class XA) visa. 

3. On 12 June 2013, the Federal Circuit Court of Australia (Burchardt J) dismissed the applicant's application for review of the second respondent's recommendation on the basis that no jurisdictional error could be found. 

4. On 19 November 2013, the Federal Court of Australia (Jagot J) dismissed the applicant's appeal.  Her Honour rejected the applicant's claim that he was not afforded procedural fairness on the basis that a prior unsuccessful visa application, to which this ground referred, formed no part of the second respondent's reasoning.  Her Honour found that the other three grounds of appeal raised by the applicant lacked substance. 

5. The applicant requires an extension of time to file an application for special leave to appeal to this Court.  No question of principle arises on this application, and the applicant enjoys insufficient prospects of success to warrant a grant of special leave.  The application for special leave should be refused.  An extension of time would therefore be futile. 

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

S.M. Kiefel
11 December 2014 P.A. Keane