SZJPO & Ors v Minister for Immigration and Citizenship

[2008] HCASL 298

SZJPO & ORS
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 298
S77/2008

1. The applicants are citizens of India.  Their applications for protection visas were based on the first applicant's claimed fear of persecution in India.   On
   18 September 2006 the Refugee Review Tribunal affirmed a decision of a delegate of the first respondent refusing visas.  Before the Tribunal, the first applicant gave an account of past violence and threats of violence from a former business partner and associates.  He said they wanted him to stop asking for money they owed him and to keep silent about their illegal activities.  The Tribunal, although it accepted that the people in question were involved in politics, concluded that the first applicant's fear of harm was not for reasons of political opinion or any other Convention reason.  The Tribunal gave two other grounds for rejecting the applications but the ground just mentioned was fatal.

2. An application for judicial review of the Tribunal's decision was dismissed by the Federal Magistrates Court (Nicholls FM) on 16 October 2007.  Part of the delay was accounted for by further time sought by the first applicant.  Nicholls FM found no error in the Tribunal's process or decision.

3. The applicants appealed to the Federal Court of Australia.  On
   27 February 2008 McKerracher J dismissed the appeal.  There were three grounds of appeal, none of which touched the central point referred to above.  One (new) ground asserted denial of natural justice by the Tribunal.  Upon examination of these grounds McKerracher J explained why there was no substance in any of them.

4. There are no prospects of success of an appeal.

5. The application is dismissed.

6. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave.

A.M. Gleeson
5 June 2008 J.D. Heydon