SZLGW & Ors v Minister for Immigration and Citizenship

[2008] HCASL 546

SZLGW & ORS
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 546
S328/2008

1. The applicants, a family of citizens of Bangladesh, applied for protection visas on 9 February 2007.  The applicant wife claimed to have been assaulted, kidnapped and raped for being an activist for women's rights.  No specific convention claims were made by the other applicants and the fate of their applications rested on the claims of the wife.  

2. On 21 August 2007, the Refugee Review Tribunal affirmed the decision of a delegate of the respondent Minister to refuse the applications for protection visas. The applicants were invited to appear before the Tribunal but did not do so. Pursuant to s 426A of the Migration Act 1958 (Cth) ("the Act"), the Tribunal made a decision in their absence. The Tribunal found the claims of the wife had been fabricated and concluded she did not have a well-founded fear of persecution for a Convention reason.

3. Smith FM dismissed the application for an order to show cause why a remedy should not be granted in respect of the Tribunal's decision on 17 March 2008.  His Honour observed that the decision of the Tribunal was the inevitable consequence of its adverse credibility findings.  The making of that decision was not affected by jurisdictional error.

4. An appeal to the Federal Court was dismissed by Reeves J on 20 June 2008.  His Honour was unable to discern any error in the decision of the Federal Magistrate.

5. The application for special leave to appeal does not advance any question of law that would justify the intervention of this Court.  There are no prospects of success on any appeal to this Court.  Special leave is refused.

6. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave to appeal.

W.M.C. Gummow
17 October 2008 S.M. Kiefel