SZAKV & Anor v MIMIA

[2005] HCATrans 506

[2005] HCATrans 506

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S392 of 2004

B e t w e e n -

SZAKV

First Applicant

SZAKW

Second Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

McHUGH J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 5 AUGUST 2005, AT 8.48 AM

Copyright in the High Court of Australia

__________________

McHUGH J:   The Refugee Review Tribunal rejected the claim of the applicants, Indian nationals who are husband and wife, for a protection visa on the grounds that the Tribunal was not satisfied that there was a causal connection between any of the violent events in which the applicants were involved, that the applicants were systematically targeted for being Moslem or that the applicants lacked state protection in relation to the events.

The Federal Magistrates Court held that the factual findings that the Tribunal reached were open to the Tribunal and that the Tribunal did not fail to take relevant considerations into account.

The Federal Court dismissed an appeal on the ground that the factual findings that the Tribunal reached were open to the Tribunal.

The applicant’s special leave application complained of jurisdictional error, and a failure to take into account relevant considerations.  There is no ground for doubting the correctness of the decision of the Federal Court.

An appeal would have no prospect of success.  The application must be dismissed.

Under the power conferred by r 41.11.1 we direct the Registrar to draw up, sign and seal an order that the application is dismissed with costs.  I publish our joint reasons.

AT 8.49 AM THE MATTER WAS CONCLUDED