SZTMI & Ors v Minister for Immigration And Border Protection & Anor

[2015] HCASL 185

SZTMI & ORS

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2015] HCASL 185
S127/2015

1. The first applicant is a Chinese national.  The second and third applicants are members of his family.  The applicants seek special leave to appeal against orders of the Federal Court of Australia (Perram J) dismissing their appeal against orders of the Federal Circuit Court of Australia (Judge Nicholls).  Judge Nicholls dismissed an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") to affirm a decision of a delegate of the first respondent to refuse to grant each applicant a Protection (Class XA) visa.

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. Before both the Federal Circuit Court and the Federal Court, the applicants argued that the Tribunal made a number of errors in affirming the delegate's decision.  The Federal Circuit Court rejected the applicants' claims, finding that none of the matters raised by the applicants indicated that the Tribunal had committed a jurisdictional error.  On appeal, the Federal Court held that no error was disclosed in the judgment of the Federal Circuit Court.

4. In this Court, the applicants seek to raise substantially similar arguments to those rejected by the Federal Circuit Court and the Federal Court.  The applicants' arguments turn on the application of well-established principles to the particular facts of the applicants' case.  The applicants have had the benefit of two tiers of judicial consideration of those facts, and there is no reason to doubt the correctness of the outcome which was reached at both of those tiers.  The application is dismissed.

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

V.M. Bell
4 November 2015 S.J. Gageler