SZJDU & Anor v Minister for Immigration and Citizenship

[2008] HCASL 307

SZJDU & ANOR
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 307
S72/2008

1. This is an application for special leave to appeal from a decision of the Federal Court of Australia (Jessup J), made on 19 February 2008, dismissing an appeal from a decision of the Federal Magistrates Court of Australia (Raphael FM), made on 8 October 2007. The Federal Magistrates Court dismissed proceedings before that Court arising out of a decision of the Refugee Review Tribunal to affirm a decision of a delegate of the first respondent not to grant Protection (Class XA) visas to the applicants.

2. The applicants, husband and wife, are citizens of India. They applied for protection visas. The Tribunal held that the applicants did not fear harm for a Convention-related reason.  Their statements made it clear that they left India for financial reasons and did not wish to return to India for financial reasons. Before the Federal Magistrates Court and the Federal Court, the first applicant expressed his claim on the basis that he is a member of a particular social group, said to be the poor and downtrodden in India, who are being persecuted by the rich and powerful in that country. Jessup J and Raphael FM held, correctly, that the application did not show any ground for the grant of a protection visa, and that no error had been shown in the process or decision of the Tribunal.

3. There is nothing in the papers filed in support of the application for special leave to appeal to this Court to suggest any error in the reasoning of the Federal Court.  There are no prospects of success of an appeal.

4. The application is dismissed.

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

A.M. Gleeson
5 June 2008 J.D. Heydon