SZJIK & Anor v MIAC & Anor

[2008] HCATrans 103

[2008] HCATrans 103

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S291 of 2007

B e t w e e n -

SZJIK

First Applicant

SZJIL

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 FRIDAY, 29 FEBRUARY 2008, AT 9.33 AM 

Copyright in the High Court of Australia

GUMMOW J:   The applicants are husband and wife and are citizens of India.  A delegate of the first respondent refused their application for protection visas on 28 March 2006.  The applicant husband ('the applicant') claimed to fear persecution from the Muslim League and Hindu nationalist parties because of his membership of the National Development Front.  The Refugee Review Tribunal accepted that the applicant was a member of the NDF but did not accept as credible his account of being wanted and pursued by extremist political parties.  It did not accept that any threats directed to him were serious.

Smith FM dismissed the applicants' application summarily on 19 November 2006.  His Honour found there was no substance to the claims that the applicant was not warned that the veracity of his claims were in issue.  The balance of the claims were unparticularised, went to the merits or were meaningless.  Leave to appeal to the Federal Court was refused on 15 May 2007.  Ryan J held that the notice of appeal did not disclose a ground of appeal and no jurisdictional error was apparent on the face of the Tribunal's decision.

The applicant's notice of appeal is of a template variety and raises no question of law.  The application is incompetent by reason of s 33(2) of the Federal Court of Australia Act 1974 (Cth).  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.  I publish the disposition signed by Kiefel J and myself.

AT 9.34 AM THE MATTER WAS CONCLUDED