SZIXD & Anor v Minister for Immigration and Citizenship

[2008] HCASL 84

SZIXD & ANOR
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 84
S399/2007

1. The applicants, citizens of India, arrived in Australia on 27 August 2005.  On 22 December 2005 a delegate of the first respondent refused to grant protection visas to the applicants.  The husband ("the applicant") claimed to be an activist for the Bajrangdal Party of India and to have been attacked by supporters of the Congress Party.  He claimed to fear for his life in India, and to fear a threat to his safety from his former business partners.  The Refugee Review Tribunal found that the applicant lacked credibility as a witness, his claims were vague and general and his answers before the Tribunal were evasive.  The Tribunal did not accept that the applicant's business partners harassed and threatened to kill him because of his membership of the Bajrangdal Party.  Further, the Tribunal found that it would be possible for the applicant to relocate to another part of India.  The Tribunal affirmed the decision of the first respondent on 11 May 2006.

2. On 1 May 2007 Lloyd-Jones FM dismissed the application for review of the Tribunal's decision.  The applicants were unable to identify any error in the reasoning of the Tribunal, and sought to engage the Federal Magistrates Court in merits review.  

3. Tamberlin J dismissed the applicants' appeal to the Federal Court on 30 July 2007.  His Honour found that the Federal Magistrate had not failed to determine whether there was any jurisdictional error in the decision of the Tribunal, and the Tribunal had not failed to correctly assess the applicant's claims.

4. The applicants' draft notice of appeal does not advance any question of law that would justify a grant of special leave to appeal.  There is no reason to doubt the decisions of the courts below that the Tribunal's findings were open to it and untainted by jurisdictional error.  Special leave is refused.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave.

W.M.C. Gummow
28 March 2008 S.M. Kiefel