SZJFN & Anor v MIAC & Anor

[2008] HCATrans 27

[2008] HCATrans 027

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S274 of 2007

B e t w e e n -

SZJFN

First Applicant

SZJFO

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 9.47 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicants, citizens of the People's Republic of China, arrived in Australia on 14 October 2005.  On 24 February 2006 a delegate of the first respondent refused the application for a protection visa.  The husband ("the applicant") claimed to fear persecution on account of his association with the Shouters, an underground Christian church.  The Refugee Review Tribunal ("the Tribunal") did not accept any of the applicants' claims, and noted contradictions between the evidence of the applicant and his wife.  The application was rejected.

On 20 February 2007 Driver FM dismissed the application for review of the Tribunal's decision.  The applicants' complaints that the Tribunal failed to consider their claims properly and fairly and that the Tribunal breached the Migration Act 1958 (Cth) could not be sustained.

Dowsett J dismissed the applicants' appeal to the Federal Court on 10 May 2007.  His Honour found that the Tribunal's reasons were extensive and logical, and that there was no procedural unfairness.  No error was demonstrated in the decision of the Federal Magistrate.

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.

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 Kiefel J and myself.

AT 9.48 AM THE MATTER WAS CONCLUDED