SZKTG & Anor v Minister for Immigration and Citizenship

[2008] HCASL 319

SZKTG & ANOR
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 319
S81/2008

1. The applicants, citizens of China, are husband and wife.  They arrived in Australia on 5 December 2006.  On 29 December 2006 a delegate of the first respondent refused to grant the applicants protection visas.  The Refugee Review Tribunal affirmed the decision of the delegate in May 2007.  The Tribunal did not accept the husband's claim to fear persecution as the organiser of an association to represent migrant workers.  It found elements of his evidence to be inconsistent and implausible.

2. The application to the Federal Magistrates Court was dismissed in September 2007 by Scarlett FM. The Federal Magistrate found no jurisdictional error in the decision of the Tribunal. It could not be said that the Tribunal had failed to comply with ss 420, 424A or 425 of the Migration Act 1958 (Cth) ("the Act").

3. Finn J dismissed the appeal to the Federal Court in February 2008.  The applicants pressed the same grounds as in the Federal Magistrates Court.  His Honour found the decision of the Federal Magistrate to be free from error.

4. The applicants' draft notice of appeal is of a template variety and largely devoted to factual assertions.  No question of law is advanced that would justify a grant of special leave to appeal.  There is no reason to doubt the decision of the Federal Court, and the applicants have no prospect of success in this Court.  Special leave 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