SZBXZ v MIMIA

[2005] HCATrans 915

[2005] HCATrans 915

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S315 of 2005

B e t w e e n -

SZBXZ

First Applicant

SZBYA

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

GUMMOW J
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 9 NOVEMBER 2005, AT 9.59 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicants are husband and wife and are citizens of India from Gujarat State.  They arrived in Australia in October 2002.  The first applicant claims to be entitled to refugee status by reason of a well‑founded fear of religious persecution.  The second applicant’s application is dependent upon that of her husband.

The Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicants protection visas.  The Tribunal found that the first applicant’s claims to have been involved in violent clashes with other religious groups lacked important details.  However, the Tribunal also found that as a Hindu, and therefore part of the majority religion in the applicant’s local area, the first applicant “would have enjoyed the full protection of the state” and would continue to do so.  The Tribunal was unable to be satisfied on the material before it that the first applicant had a well‑founded fear of persecution should he return to India.

The applicants sought judicial review of the Tribunal’s decision in the Federal Magistrates Court.  That Court dismissed the application as disclosing no jurisdictional error in the Tribunal’s decision.  An appeal to the Federal Court (Jacobson J) was dismissed.

We have considered the applicants’ written case and the decisions of the Tribunal, the Federal Magistrates Court and the Federal Court.  There would be insufficient prospects of success in any appeal to this Court from the Federal Court to warrant a grant of special leave.  Accordingly special leave to appeal is refused.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave.  I publish the disposition signed by Kirby J and myself.

AT 10.00 AM THE MATTER WAS CONCLUDED