SZKKB v Minister for Immigration and Citizenship

[2008] HCASL 236

SZKKB
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 236
S616/2007

1. The applicant, a citizen of India, arrived in Australia on 8 June 2006.  On 2 September 2006 a delegate of the first respondent refused her application for a protection visa.  On 6 March 2007 the Refugee Review Tribunal upheld the delegate's decision.  The applicant claimed to fear persecution because her family was an Orthodox Hindu family and her father an anti-Muslim campaigner and because she had been attacked and hospitalised after deciding to stand as a Congress Party representative in local elections.

2. On 14 August 2007 the Federal Magistrates Court (Scarlett FM) dismissed an application for review of the Tribunal's decision. His Honour found that the Tribunal had not breached s 424A of the Migration Act 1958 (Cth) and there was no denial of procedural fairness. The Tribunal's decision turned on its adverse view of the applicant's credibility, which was open to it on the evidence.

3. The Federal Court (Spender ACJ) dismissed the applicant's appeal on 23 November 2007.  His Honour found no jurisdictional error in the proceedings in the Federal Magistrates Court or in the Tribunal.

4. The application to this Court does not advance any question of law that would justify the grant of special leave to appeal.  There is no reason to doubt the correctness of the decisions below.

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

W.M.C. Gummow	S.M. Kiefel
15 May 2008