SZBDU & Anor v MIMIA

[2005] HCATrans 865

[2005] HCATrans 865

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S337 of 2005

B e t w e e n -

SZBDU

First Applicant

SZBDV

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 THURSDAY, 20 OCTOBER 2005, AT 11.01 AM

Copyright in the High Court of Australia

McHUGH J:   The Refugee Review Tribunal rejected the claim of the applicants, Ukrainian nationals who are husband and wife, for protection visas because the Tribunal did not accept the applicants’ claims that the applicant was attacked by reason of her husband’s political opinions.

The Federal Magistrates Court held that the decision that the Tribunal reached was open to it, that the Tribunal did not err in law in its consideration of the applicants’ claims and that the Tribunal did not fall into jurisdictional error.

The Federal Court dismissed an appeal on the grounds that the Tribunal did not fail to consider an aspect of the applicants’ claim.  The Court also refused the applicant leave to argue the grounds of appeal that concerned jurisdictional error.

The applicant’s special leave application complained that the Tribunal fell into jurisdictional error because the independent country information on which the Tribunal relied was irrelevant to the Tribunal’s decision.  But the application raises no issue of law or jurisdiction that has any prospect of success.  Accordingly, an appeal would have no prospects of success.

The application is dismissed.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing this application.  I publish our joint reasons.

AT 11.02 AM THE MATTER WAS CONCLUDED