SZBPB & Anor v MIMIA [2005] HCATrans 927 (14 November 2005)

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SZBPB & Anor v MIMIA [2005] HCATrans 927 (14 November 2005)

Last Updated: 18 November 2005

[2005] HCATrans 927

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S338 of 2005

B e t w e e n -

SZBPB

First Applicant

SZBPC

Second Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON MONDAY 14 NOVEMBER 2005, AT 2.30 PM

Copyright in the High Court of Australia

GUMMOW J: The applicants are husband and wife, and are citizens of India who profess the Hindu religion. They arrived in Australia in September 2002. The first applicant claims to be entitled to refugee status by reason of a well-founded fear of political and religious persecution.

The Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicants protection visas. The Tribunal considered the first applicant’s claims to be vague and unparticularised, and in some respects implausible and contrary to independently available country information. The Tribunal was unable to be satisfied on the material before it that the first applicant had a well-founded fear of persecution should he return to India.

The applicants sought judicial review of the Tribunal’s decision in the Federal Magistrates Court. That Court dismissed the application as demonstrating no jurisdictional error in the decision of the Tribunal. An appeal to the Federal Court (Stone J) was dismissed on 17 June 2005.

We have considered the applicants’ written case and the decisions of the Tribunal, the Federal Magistrates Court and the Federal Court. There would be insufficient prospects of success in any appeal to this Court from the Federal Court to warrant a grant of special leave. Accordingly, special leave to appeal is refused.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave. I publish the disposition signed by Kirby J and myself.

AT 2.32 PM THE MATTER WAS CONCLUDED