SZKTV & Anor v Minister for Immigration and Citizenship

[2008] HCASL 292

SZKTV & ANOR
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 292


S57/2008

1. The applicants, who are Indian citizens, seek special leave to appeal from a decision of the Federal Court of Australia (Jessup J) of 20 February 2008.  Jessup J dismissed appeals from a decision of the Federal Magistrates Court of Australia (Scarlett FM) of 16 August 2007.  Scarlett FM dismissed an application for judicial review of a decision of the Refugee Review Tribunal affirming a decision of a delegate of the first respondent not to grant protection visas to the applicants.

2. The sole ground of appeal relied on before Jessup J was narrower than the grounds relied upon before Scarlett FM.  The application to this Court seeks again to widen the grounds to cover those relied upon before Scarlett FM.  It has been necessary, therefore, to examine all the matters considered in the reasons of Scarlett FM, which explained that there was no substance in any of them.  In particular, Scarlett FM dealt carefully and comprehensively with an argument based upon the failure of the applicants to appear before the Tribunal and the actions taken by the Tribunal in that respect.

3. There are no prospects of success of an appeal from the Federal Court.

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.

A.M. Gleeson
5 June 2008 J.D. Heydon