SZOYF & Anor v Minister for Immigration and Citizenship

[2011] HCASL 201

SZOYF & ANOR
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP AND ANOR
[2011] HCASL 201
S312/2011

1. The applicants, husband and wife, are nationals of Malaysia.  The husband had been raised in a Hindu family, and the wife in a Muslim family.  They applied for protection visas on 16 March 2010.  The applicant husband claimed to fear persecution as a result of his conversion to Islam to enable him to marry his wife.  The wife's application relied on her fearing persecution on the ground that Muslim extremists will now seek to harm her in Malaysia.  On 30 August 2010, a delegate of the first respondent refused their protection visa applications.  On 15 December 2010, the Refugee Review Tribunal ("the Tribunal") affirmed the delegate's decision finding the applicants were not credible witnesses.

2. On 1 June 2011, the Federal Magistrates Court (Nicholls FM) dismissed an application for judicial review of the Tribunal's decision.  The applicants' essential ground for review was that the Tribunal should have considered whether they would have suffered persecution based on their respective conduct.  Nicholls FM found that it was not explained by the applicants how their claimed religious practices could lead to persecutory harm in Malaysia.

3. On 18 August 2011, the Federal Court (Robertson J) dismissed an appeal against the decision of the Federal Magistrate.  His Honour found no error in the Federal Magistrate's reasons given for rejecting the application for judicial review.

4. The application for special leave to this Court does not advance any question of law, it merely replicates the grounds advanced below and is devoid of detail.  Special leave to appeal is refused.

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
1 December 2011 S.M. Kiefel