SZSCM & Anor v Minister for Immigration Multicultural Affairs and Citizenship

[2014] HCASL 43

SZSCM & ANOR

v

MINISTER FOR IMMIGRATION MULTICULTURAL AFFAIRS AND CITIZENSHIP & ANOR

[2014] HCASL 43
B66/2013

1. The applicants, who are husband and wife, are Chinese nationals.  They seek special leave to appeal against the orders of a single judge of the Federal Court of Australia (Logan J) dismissing an appeal against orders of the Federal Circuit Court of Australia (Judge Jarrett). 

2. Judge Jarrett dismissed the applicants' application for judicial review of the decision of the Refugee Review Tribunal ("the Tribunal") affirming the refusal by a delegate of the first respondent to grant the applicants Protection (Class XA) visas. 

3. The substantive claims for protection were those made by the applicant husband.  The Tribunal did not accept the credibility of those claims. 

4. There is no reason to doubt the correctness of the conclusions reached in the Federal Circuit Court and on appeal in the Federal Court that the applicants did not establish that the Tribunal's decision was subject to jurisdictional error. 

5. As the applicants do not have legal representation, their application falls to be dealt with under r 41.10 of the High Court Rules 2004 (Cth).

6. No question of general principle or arguable ground of appeal is identified in the applicants' written case.  If special leave to appeal were granted the appeal would have no prospects of success. 

7. The application is dismissed.

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

V.M. Bell
12 March 2014 S.J. Gageler