WZARX v Minister for Immigration and Border Protection

[2014] HCASL 165

WZARX

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2014] HCASL 165
P22/2014

1. The applicant is a citizen of Guinea.  The applicant applied, on 3 June 2011, for a Protection (Class XA) visa.  On 23 March 2012, the application was refused by a delegate of the first respondent.

2. On 24 October 2012, the Refugee Review Tribunal ("the Tribunal") affirmed the decision of the delegate.  The Tribunal found that the applicant was not a reliable witness and rejected his claims to be at risk of serious harm due to his ethnicity and his political opinions.

3. On 16 October 2013, the Federal Circuit Court of Australia (Driver J) dismissed an application for judicial review of the Tribunal's decision.  Driver J held that the Tribunal was not under a duty to inquire into the applicant's wife's immigration status in the United States of America ("the USA") and that it was open to the Tribunal to draw the inference that documents supplied by the applicant in support of his claim to have been granted asylum by the USA were not genuine.

4. On 1 May 2014, the Federal Court of Australia (McKerracher J) dismissed the applicant's appeal.  McKerracher J agreed with the findings of the Federal Circuit Court and concluded that the applicant had no automatic entitlement to legal representation in the Federal Circuit Court.

5. The applicant now seeks special leave to appeal to this Court.  The application for special leave does not raise any question of law that would justify the grant of special leave.  The application makes the same arguments that were unsuccessful in the Federal Court and identifies no reasons for doubting the correctness of McKerracher J's decision.  An appeal to this Court would enjoy no prospects of success.  Special leave is refused.

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 September 2014 P.A. Keane