WZATK v Minister for Immigration and Border Protection

[2015] HCASL 41

WZATK

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2015] HCASL 41
P50/2014

1. The applicant, a citizen of the People's Republic of China, applied to the first respondent for a Protection (Class XA) visa.  On 6 December 2012, a delegate of the first respondent refused the application.

2. On 19 September 2013, the Refugee Review Tribunal ("the Tribunal"), the second respondent in the present application, affirmed the decision not to grant the applicant a visa.  The Tribunal found that the applicant was not a credible witness, and formed the view that he had not been truthful in relation to his claims to protection.  The Tribunal was not satisfied that the applicant was a person in respect of whom Australia has protection obligations under the Refugees Convention, or under the complementary protection criterion for a protection visa.

3. On 27 June 2014, the Federal Circuit Court of Australia (Lucev J) dismissed an application for judicial review of the Tribunal's decision.  Lucev J concluded that the applicant had failed to make out any of the grounds that he relied upon in his application to the Federal Circuit Court, and that those grounds disclosed no jurisdictional error.

4. On 5 November 2014, the Federal Court of Australia (Siopis J) dismissed the applicant's appeal.  His Honour held that the primary judge had not erred in his findings.  Siopis J also ruled that the applicant could not advance a contention of bias against the primary judge, that the applicant had no entitlement to the appointment of legal counsel by the primary judge, and that the primary judge had not erred in making a costs order against the applicant.

5. The applicant now seeks special leave to appeal to this Court.  The applicant's written case pursues the same grounds and arguments dismissed by the Federal Court, without identifying any error on the part of the Tribunal or the Courts below.  An appeal to this Court would have no prospects of success. Special leave to appeal 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
9 April 2015 P.A. Keane