SZTHC & Ors v Minister for Immigration and Border Protection

[2015] HCASL 69

SZTHC & ORS

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2015] HCASL 69
S325/2014

1. The applicants are citizens of Mauritius.  They seek special leave to appeal against orders of a single judge of the Federal Court of Australia (Rangiah J) dismissing the applicants' appeal against orders of the Federal Circuit Court of Australia.  The Federal Circuit Court (Judge Cameron) dismissed an application for judicial review of the decision of the Refugee Review Tribunal ("the Tribunal") to affirm the decision by a delegate of the first respondent to refuse to grant Protection (Class XA) visas to the applicants. 

2. The applicants do not have legal representation. The application therefore falls to be dealt with under r 41.10 of the High Court Rules 2004 (Cth).

3. The applicants claim that the Federal Court erred by failing to identify any error in the Tribunal's finding that the first and second applicants were not credible witnesses and by failing to base its decision on a transcript of the Tribunal hearing, the audio recording of which was not before that Court.  In this Court, the applicant raises for the first time a claim that the Tribunal erred in considering that the applicants could avoid harm by relocating to Rodrigues Island.  The applicants fail to identify a question of law which would warrant a grant of special leave and there is no reason to doubt the correctness of the decision of the Federal Court.  An appeal to this Court would enjoy no prospects of success.  The application is dismissed.

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

V.M. Bell
6 May 2015 S.J. Gageler