BZAHP & Ors v Minister for Immigration and Border Protection

[2015] HCASL 155

BZAHP & ORS

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2015] HCASL 155
B28/2015

1. The applicants, who are a husband and wife and their infant daughter, are citizens of India. They applied for Protection (Class XA) visas on 1 July 2013 and a delegate of the first respondent refused their applications on 13 January 2014.  The Refugee Review Tribunal ("the Tribunal") affirmed the delegate's decision on 13 August 2014, finding that the applicant husband was not a credible witness and that therefore his claims concerning his political activity in India could not be accepted.  The other applicants made no claims of their own.

2. On 10 December 2014, the Federal Circuit Court of Australia (Jarrett J) dismissed the applicants' application for judicial review of the Tribunal's decision, holding that none of the grounds of review demonstrated jurisdictional error on the part of the Tribunal.

3. On 20 May 2015, the Federal Court of Australia (Gilmour J) dismissed the applicants' appeal.  Gilmour J refused leave to raise a ground of appeal that had not been raised before the primary judge, holding that there was no adequate explanation for the applicants not having raised the ground and that, in any event, the ground had no merit.  His Honour rejected the applicants' second ground of appeal, namely that the primary judge had not considered each of the asserted legal and factual errors in the Tribunal's decision.

4. The applicants seek special leave to appeal to this Court.  No error is identified in the decision of the Federal Court.  Special leave is refused.

5. Pursuant to r 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