SZIBE & Anor v MIAC & Anor

[2008] HCATrans 18

[2008] HCATrans 018

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S234 of 2007

B e t w e e n -

SZIBE

First Applicant

SZIBF

Second Applicant

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
KIEFEL J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 6 FEBRUARY 2008, AT 9.29 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicants are citizens of India and are husband and wife.  On 26 May 2005 a delegate of the first respondent refused their application for protection visas.  The primary applicant claimed to fear persecution as a Muslim at the hands of the Hindu population and from Deobandi Muslims because of his adherence to the Barelvi school of thought.  He claimed to have been arrested on false charges in 1996 and in 1999.  The Tribunal found that the applicant's fear of the Deobandis was not well-founded and that he had available to him effective state protection.

On 11 September 2006 Smith FM dismissed the application for review of the Tribunal's decision.  His Honour held that, even if the Tribunal had made an error of fact in connection with the 1999 incident, it was not an error going to jurisdiction.  It did not materially affect the Tribunal's essential reasoning.

Conti J dismissed the applicants' appeal to the Federal Court on 24 April 2007.  His Honour found no error of law in the reasoning below and no jurisdictional error arising from the reasoning of the Tribunal.

The applicants have not identified any questions of law that would justify a grant of special leave to appeal.  It cannot be said that the Tribunal misunderstood the applicants' claims or denied them natural justice.  There is no reason to doubt the correctness of the decision below.

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

AT 9.30 AM THE MATTER WAS CONCLUDED