SZJYX & Anor v Minister for Immigration and Citizenship

[2008] HCASL 372

SZJYX & ANOR
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 372
S146/2008

1. The applicants are husband and wife.  They are citizens of India.  The Refugee Review Tribunal upheld a refusal by a delegate of the first respondent to grant the applicants a protection visa.  The applicants are Muslims who support the Congress Party.  The Tribunal did not accept that the applicants had been harmed as a result of their support for the Congress Party or their Muslim religion.  It held that it would be reasonable for the applicants to relocate within India.

2. The Federal Magistrates Court (Lloyd-Jones FM) dismissed an application for judicial review.  The Federal Court of Australia (Gyles J) dismissed an appeal. 

3. The documents filed in support of the applicants' application for special leave to appeal to this Court do not reveal any error in the reasoning of the courts below or any jurisdictional error on the part of the Tribunal. 

4. The application is dismissed. 

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

   M.D. Kirby  J.D. Heydon

   20 June 2008