MZZYX & Ors v Minister for Immigration and Border Protection

[2015] HCASL 62

MZZYX & ORS

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2015] HCASL 62
M136/2014

1. The applicants – husband, wife and child – are nationals of India.  They seek special leave to appeal from a judgment of the Federal Court of Australia (North J) dismissing their appeal from the Federal Circuit Court of Australia (Judge Turner).  The Federal Circuit Court dismissed the applicants' application for judicial review of a decision of the Refugee Review Tribunal affirming the decision of a delegate of the first respondent not to grant them Protection (Class XA) visas.

2. The applicants do not have legal representation and their application falls to be dealt with under r 41.10 of the High Court Rules 2004 (Cth).

3. The applicants' sole ground of appeal in this Court amounts to an unparticularised assertion that the Tribunal erred in finding that it was reasonable in the circumstances for the applicants to relocate to an area of India where they would not be subject to a real risk of significant harm.  There is no reason to question the Federal Court's conclusion that the finding was reasonably open to the Tribunal and that no jurisdictional error was established[1].  If special leave to appeal were granted, the appeal would enjoy no prospect of success.  

   [1]MZZYX v Minister for Immigration and Border Protection [2014] FCA 1342 at [27].

4. The application is dismissed.

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

V.M. Bell
6 May 2015 S.J. Gageler