SZKDL & Anor v Minister for Immigration and Citizenship

[2008] HCASL 294

SZKDL & ANOR
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 294
S61/2008

1. The applicants are citizens of India.  On 28 December 2006 the Refugee Review Tribunal affirmed a decision of a delegate of the first respondent not to grant them protection visas.  The claims of the applicants, who are husband and wife, were based upon a suggested fear of persecution connected with what were said to have been political activities of the first applicant. The claims failed principally because the Tribunal, after considering all the evidence, did not believe what the first applicant was saying about his political activity and found that he did not have a well-founded fear of persecution in India for reasons of political opinion, religion or any other Convention ground.

2. The applicants sought judicial review of the Tribunal's decision in the Federal Magistrates Court.  As well as asserting factual error, they asserted lack of good faith on the part of the Tribunal, denial of natural justice, failure to give adequate reasons and failure to consider all the claims and issues.  Cameron FM examined all of these arguments, and found there was no substance in any of them.

3. The applicants appealed to the Federal Court of Australia.  On
   26 February 2008 McKerracher J dismissed the appeal.  As well as repeating their complaints against the Tribunal, the applicants also claimed that the decision of the Federal Magistrate was not made in good faith.  They also alleged failure to comply with statutory requirements as to procedure.  McKerracher J rejected this contention and held that the arguments of the applicants were all without substance.

4. The applicants now seek special leave to appeal to this Court.

5. None of the arguments foreshadowed by the applicants provides any reason to doubt the correctness of the decision of the Federal Court.  There are no prospects of success of an appeal.

6. The application is dismissed.

7. 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