SZRSZ & Ors v Minister for Immigration and Border Protection

[2014] HCASL 30

SZRSZ & ORS

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2014] HCASL 30
S284/2013

1. The applicants (a husband, wife and child) are citizens of India.  On 13 September 2011, the applicants applied for a Protection (Class XA) visa based on the husband's claim to be a refugee.  The application was refused by a delegate of the first respondent on 13 December 2011.

2. On 31 July 2012, the Refugee Review Tribunal ("the Tribunal") affirmed the delegate's decision.  The Tribunal found that the husband had not given truthful evidence about his experiences in India, his reasons for leaving India and his fears about returning to India.  The Tribunal found that the husband was not a credible witness and did not accept his claims.

3. On 4 June 2013, the Federal Circuit Court of Australia (Raphael J) dismissed an application for judicial review of the Tribunal's decision.  Raphael J held that the applicants did not identify any relevant jurisdictional error in the Tribunal's decision.  His Honour held that it was open to the Tribunal to make the factual and credibility findings that it did.

4. On 6 November 2013, the Federal Court of Australia (Foster J) dismissed the applicants' appeal from Raphael J's decision.  Foster J held that the applicants' grounds of appeal rose no higher than an invitation to the Court to undertake a review of the factual findings and merits of the Tribunal's decision.  His Honour concluded that the applicants had failed to demonstrate any appellable error.

5. The application for special leave to appeal to this Court does not raise any question of law that would justify a grant of special leave.  An appeal to this Court would enjoy no prospects of success.  Special leave is refused.

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

S.M. Kiefel
6 March 2014 P.A. Keane