SZSOP & Anor v Minister for Immigration and Border Protection & Anor

[2014] HCASL 217

SZSOP & ANOR

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2014] HCASL 217
S227/2014

1. The applicants, who are husband and wife, are citizens of the Republic of India.  They applied to the Department of Immigration for Protection (Class XA) visas on 8 February 2012.  The substantive protection claims were made by the husband.  The wife's application was as a member of his family unit.  On 17 May 2012, a delegate of the first respondent refused the applications.

2. On 16 January 2013, the Refugee Review Tribunal ("the Tribunal") affirmed the delegate's decision. 

3. An application for judicial review of the Tribunal's decision was dismissed by the Federal Circuit Court of Australia (Judge Raphael) on 9 April 2014[1].

   [1]SZSOP v Minister for Immigration [2014] FCCA 771.

4. An appeal to the Federal Court of Australia (Nicholas J) was dismissed on 7 August 2014[2].

   [2]SZSOP v Minister for Immigration and Border Protection [2014] FCA 844.

5. The applicants seek special leave to appeal. They do not have legal representation and their application falls to be determined under r 41.10 of the High Court Rules 2004 (Cth).

6. The applicants make unparticularised assertions that Nicholas J "failed to find that the [Tribunal] has not found any evidence in relation to my claims and thus its decision [sic] influenced by sufficient doubts" and of denial of procedural fairness by the Tribunal.

7. The applicants' written case is formulaic and unrelated to the grounds of appeal or the reasons below.  There is no reason to doubt the correctness of Nicholas J's decision.  If special leave to appeal were granted, the appeal would have no prospect of success.

8. The application is dismissed.

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

V.M. Bell
10 December 2014 S.J. Gageler