SZAKZ & Anor v MIMIA

[2005] HCATrans 362

[2005] HCATrans 362

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S300 of 2004

B e t w e e n -

SZAKZ

First Applicant

SZALA

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

HAYNE J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 26 MAY 2005, AT 2.00 PM

Copyright in the High Court of Australia

HAYNE J:   This is an application for special leave to appeal from a decision of a single judge of the Federal Court who dismissed the applicants’ appeal from a Federal Magistrate.  The applicants are Chinese citizens who claimed to have a well‑founded fear of persecution if they were to return to China.  The male applicant asserted that he had already been persecuted in China on account of his adherence to the Christian faith.  The Refugee Review Tribunal, which affirmed the decision of a delegate of the respondent to refuse the applicants protection visas, did not believe the substance of the male applicant’s claim.  The other applicant made no separate or additional claims.

In the Federal Court the applicants sought to rely upon material not put before the Tribunal or the Federal Magistrate.  The Court was of the opinion that that material, not having been before the Federal Magistrate, ought not to be received by it.  The Federal Court considered the other arguments of the applicants on appeal, and in doing so was unable to detect any error of a kind which would justify a different decision from the decision of the Federal Magistrate.  The Federal Court was correct in so concluding.  The application must therefore be dismissed with costs.

Pursuant to rule 41.11.1 we direct the Registrar to draw up, sign and seal an order that the application is dismissed with costs.  I publish that disposition.

AT 2.02 PM THE MATTER WAS CONCLUDED