SZJMT & Anor v Minister for Immigration and Citizenship

[2008] HCASL 302

SZJMT & ANOR
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 302
S62/2008

1. This is an application for special leave to appeal from a decision of the Federal Court of Australia (Jessup J), given on 20 February 2008, dismissing the applicants' appeal from a decision of the Federal Magistrates Court of Australia (Scarlett FM), given on 19 September 2007. The Federal Magistrates Court dismissed proceedings before that Court for judicial review of a decision of the Refugee Review Tribunal affirming a decision of a delegate of the first respondent not to grant protection visas.

1. The applicants, husband and wife, are citizens of India. The first applicant, the husband, claimed to fear persecution in India for reasons relating to his religious and political beliefs.  (He also said he was old, and there was no one to take care of him in India.)  His primary claim was based on a particular point of disagreement with Hindu teaching.  His political activities were modest.  The Tribunal did not accept his evidence as convincing or his claims to fear persecution as plausible.  It rejected the factual basis of his case.  The second applicant, the wife, based her claim upon the fact that she was a dependent of the first applicant. The Tribunal concluded that the first applicant did not have a well founded fear of persecution.  Scarlett FM and Jessup J held that the applicants' various grounds for judicial review were of no substance.   Their reasons for that conclusion were correct.

2. An appeal has no prospects of success.

3. The application is dismissed.

4. 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