SZTHQ & Anor v Minister for Immigration and Border Protection

[2015] HCASL 50

SZTHQ & ANOR

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2015] HCASL 50
S306/2014

1. The applicants, who are married, are citizens of China. Each applied for a Protection (Class XA) visa on the basis that one of the applicants has a well-founded fear of persecution on return to China. On 14 August 2012, a delegate of the Minister refused to grant the visas under s 65 of the Migration Act 1958 (Cth) ("the Act"). The applicants applied for review of the delegate's decision by the Refugee Review Tribunal ("the Tribunal").

2. On 1 July 2013, pursuant to s 425 of the Act, the Tribunal wrote to the applicants, inviting them to attend a hearing to give oral evidence and present arguments in support of their application for review. The applicants did not attend that hearing. The Tribunal exercised its power under s 426A of the Act to make a decision on the review without taking further action to enable the applicants to appear before it. On 20 August 2013, the Tribunal affirmed the delegate's decision not to grant the visas.

3. On 16 July 2014, the Federal Circuit Court of Australia (Manousaridis J) dismissed the applicants' application for judicial review. Manousaridis J held that the notice requirements in s 441A of the Act had been complied with by the Tribunal, and that it was entitled to proceed under s 426A of the Act. There was no substance to the remaining grounds.

4. On 17 November 2014, the Federal Court of Australia (Murphy J) dismissed the applicants' appeal. Murphy J found no unreasonableness on the part of the Tribunal in proceeding under s 426A of the Act, and no appellable error in the judgment of Manousaridis J.

5. The applicants now apply for special leave to appeal to this Court.  The draft notice of appeal raises no question of law that would justify the grant of leave.  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
9 April 2015 P.A. Keane