SZQRD & Ors v Minister for Immigration and Citizenship

[2013] HCASL 6

SZQRD & ORS

v

MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR

[2013] HCASL 6
S251/2012

1. The applicants are citizens of the Republic of India.  On 24 August 2011, the Refugee Review Tribunal ("the Tribunal") dismissed an application for review of a decision of a delegate of the first respondent refusing to grant the applicants protection visas.  The claims depended on whether the first applicant's claim succeeded.  The Tribunal accepted that the first applicant was a well‑known Muslim in his local community and a member of the Indian Congress Party.  But it found that he exaggerated his claims and was not in fear of being seriously harmed, either when he left India or in the event of his return to India.  The Tribunal accepted that further communal riots are likely to take place in Gujarat in the foreseeable future, but held that it would only be speculative as to whether the first applicant would find himself in a riot and whether he would thereby suffer serious harm for reasons of his political or religious opinions.  The Tribunal held that even if it were wrong in that respect, the first applicant and his family could relocate to another state in India.

2. On 24 February 2012, the Federal Magistrates Court (Raphael FM) dismissed an application for review of the Tribunal's decision.

3. On 20 August 2012, the Federal Court of Australia (Nicholas J) dismissed an appeal.

4. The grounds appearing in the applicants' draft Notice of Appeal in this Court are as follows:

   "1.      The Judge of the Federal Court in his honourable judgement delivered on the 20 August, 2012 failed to find error of law and relief under Section 39B of the judiciary Act.  The Court failed to find that the [Tribunal] has not found any evidence in relation to my claims and thus its decision influenced by sufficient doubts.

   2.        The Federal Court in finding that the Tribunal had accorded procedural fairness to the appellants affirming the decision of the Delegate of the Minister for Immigration and Citizenship."

5. The Applicants' Written Case does not demonstrate that there is any force in these grounds.  To a large extent, it deals with points outside the grounds of appeal which are not related to the proceedings. 

6. The application is dismissed.

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

J.D. Heydon
26 February 2013 V.M. Bell