SZQFV & Anor v Minister for Immigration and Citizenship

[2012] HCASL 93

SZQFV & ANOR

v

MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR

[2012] HCASL 93
S69/2012

1. The applicants, a husband and wife, are citizens of India.  They arrived in Australia in May 2010 and applied for protection visas in June 2010.  The first applicant, the husband, made substantive claims for protection.  The second applicant's claims were as a member of her husband's family unit.  The applications were refused and the applicants sought a review before the Refugee Review Tribunal ("the Tribunal").

2. The Tribunal accepted the first applicant's evidence that he had been targeted by a gang of thugs who were extorting money from traders. It accepted that the attacks involved serious harm within the meaning of s 91R(2) of the Migration Act 1958 (Cth). It accepted that the first applicant may encounter further serious harm in the reasonably foreseeable future should he return to Ahmedabad, where he had been living. However, the Tribunal was not satisfied that there was any political or other Convention-related reason for the attacks. It concluded that if the applicant wished to avoid a recurrence of non-Convention related serious harm it was reasonably open to him to safely live in another part of India.

3. An application for judicial review of the Tribunal's determination was dismissed by the Federal Magistrates Court (Barnes FM).

4. The applicants appealed from the order of the Federal Magistrates Court to the Federal Court of Australia (North J). That appeal was dismissed under r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth).

5. The applicants seek special leave to appeal from the order of the Federal Court upon grounds which assert that the Federal Court erred in failing to make certain findings.  The application is misconceived.  The Federal Court did not err in the respects identified.  The Federal Court dismissed the proceedings because the applicants failed to attend the hearing.  The appropriate course, if any, was for the applicants to move the Federal Court to set aside the order of dismissal. 

6. The applications are dismissed.

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

J.D. Heydon
20 June 2012 V.M. Bell