SZJZY & Anor v Minister for Immigration and Citizenship

[2008] HCASL 318

SZJZY & ANOR
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 318
S80/2008

1. The applicants, citizens of India, are husband and wife.  They arrived in Australia on 27 March 2006 and on 3 June 2006 a delegate of the first respondent refused their application for protection visas.  The Refugee Review Tribunal affirmed the decision of the delegate in November 2006.  The applicant husband ("the husband") claimed to fear persecution from Muslim fundamentalists on account of his membership of a Hindu organisation.  The Tribunal found the husband's evidence to be inconsistent in parts, and was not satisfied that there was a real risk of persecution on the basis of the husband's religion.

2. In September 2007 Turner FM dismissed the application for review of the Tribunal's decision. His Honour found that the Tribunal had not failed to fulfil its obligations under s 424A of the Migration Act 1958 (Cth) ("the Act"), and had not denied the husband natural justice. The decision of the Tribunal was untainted by jurisdictional error.

3. Jessup J dismissed the husband's appeal to the Federal Court in February 2008.  His Honour found that the Tribunal had not denied the husband procedural fairness and had not erred in its application of the meaning of "well-founded fear of persecution".

4. The applicants' draft notice of appeal in this Court is of a template variety and does not advance any question of law that would justify a grant of special leave to appeal.  Special leave to appeal is refused.

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.

W.M.C. Gummow
12 June 2008 S.M. Kiefel