SZRAJ & Ors v Minister for Immigration and Citizenship
[2013] HCASL 30
SZRAJ & ORS
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2013] HCASL 30
S339/2012
The four applicants, being a husband and wife and their two children, are citizens of Bangladesh. On 7 July 2010 the first applicant applied for a Protection (Class XA) visa with the remaining applicants applying for protection visas as members of his family unit. A delegate of the first respondent refused these applications on 19 January 2011.
On 5 December 2011, the Refugee Review Tribunal ("the Tribunal") affirmed the delegate's decision. While the Tribunal accepted some of the first applicant's evidence in relation to his claim that he had faced political persecution in the aftermath of the 2008 Bangladeshi election, the Tribunal did not accept that if the first applicant returned to Bangladesh in the foreseeable future he would face a real chance of persecution. The Tribunal also found that, in any event, the applicants could relocate within Bangladesh should the first applicant not wish to remain in his home city.
On 7 June 2012, the Federal Magistrates Court of Australia (Driver FM) dismissed an application for review of the decision of the Tribunal, noting that the conclusion that the applicant did not face a well-founded fear of persecution in Bangladesh was open to the Tribunal on the material before it. Driver FM considered that, in light of that principal finding, no relocation finding was necessary.
An appeal to the Federal Court of Australia was dismissed by Lander J on 9 November 2012.
The applicants now seek leave to appeal to this Court. The grounds raised in the application are substantially the same as those raised before Lander J. No error is demonstrated in the Federal Court's reasoning and we see no reason to doubt the correctness of its decision.
The application must be dismissed.
Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.
S.M. Kiefel
13 March 2013S.J. Gageler
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