SZQSH & Ors v Minister for Immigration and Citizenship

[2012] HCASL 165

SZQSH & ORS

v

MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR

[2012] HCASL 165
S240/2012

1. The applicants (husband, wife and three children) seek special leave to appeal against the orders of a judge of the Federal Court of Australia (Nicholas J) dismissing their appeal against orders of the Federal Magistrates Court.  The Federal Magistrate (Driver FM) had dismissed the applicants' claim for judicial review of a decision of the Refugee Review Tribunal affirming the refusal by a delegate of the first respondent to grant the applicants protection visas.  (The Tribunal also decided that it had no jurisdiction in relation to a fourth child of the husband and wife born after the delegate's decision to refuse to grant the visas that were sought.)

2. The applicants advance no arguable basis to doubt the correctness of the conclusions reached by Nicholas J.

3. An appeal to this Court would not enjoy sufficient prospects of success to warrant a grant of special leave.

4. Pursuant to r 41.10.5 of the High Court Rules 2004 the Registrar is directed to draw up, sign and seal an order that the application for special leave is dismissed.

K.M. Hayne
5 December 2012 S.M. Crennan