SZJNB & Ors v Minister for Immigration and Citizenship

[2008] HCASL 481

SZJNB & ORS
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 481
S254/2008

The applicants, citizens of Bangladesh, arrived in Australia on 15 February 2006.  In May 2006 a delegate of the first respondent refused their applications for protection visas.  Only the applicant husband ("the husband") made specific claims under the Convention, and his wife and two children relied upon their membership of his family.  The Refugee Review Tribunal affirmed the decision of the delegate on 19 September 2006.

The husband, a Hindu, claimed to fear persecution from Muslim fundamentalists in Bangladesh on the basis of his religion.  The Tribunal found the husband to be an unreliable witness, and was not satisfied that his status as a Hindu was enough to give rise to a well-founded fear of persecution.

Orchiston FM dismissed the application for review of the decision of the Tribunal on 5 February 2008.  Her Honour found that the Tribunal had complied with its obligations under the Migration Act 1958 (Cth) and that its conclusions were open to it. The Tribunal's decision was unaffected by jurisdictional error.

Greenwood J dismissed the appeal to the Federal Court of Australia on 14 May 2008.  His Honour noted that the applicants' notice of appeal identified no error of law on the part of the Federal Magistrate.  Nevertheless, his Honour examined the decision below and was unable to identify any error.

The applicants' draft notice of appeal and written case are of a template variety and do not properly address the decision below.  The assertions of jurisdictional error are unparticularised.  No question of law is advanced.  The applicants have no prospect of success in this Court.  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.

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