SZIBU & Anor v MIAC & Anor

[2007] HCATrans 587

[2007] HCATrans 587

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S64 of 2007

B e t w e e n -

SZIBU

First Applicant

SZIBV

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

KIRBY J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 4 OCTOBER 2007, AT 9.32 AM

Copyright in the High Court of Australia

HEYDON J:   The applicants are married, and are citizens of India.  The Refugee Review Tribunal ("the Tribunal") upheld a decision of a delegate of the first respondent refusing the applicants' application for protection visas.  The Tribunal accepted the first applicant's claim that he had been harassed and that his property had been damaged when he refused to pay off some thugs, that the police had not responded satisfactorily to this, and that they had sought a bribe before they would assist.  However, the Tribunal did not accept that protection was denied for a Convention reason.

Emmett FM dismissed an application for judicial review on the ground that no jurisdictional error had been shown.  The Federal Court of Australia (Cowdroy J) agreed and dismissed an appeal.

The papers filed by the applicants in support of their application for special leave to appeal to this Court in part do not grapple with the circumstances of the earlier proceedings and in part seek impermissibly to challenge the Tribunal's factual findings.  The papers suggest no point on which, if special leave were granted, an appeal would have 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 the application for special leave.  I publish the disposition signed by Justice Kirby and myself.

AT 9.33 AM THE MATTER WAS CONCLUDED