SVMB v MIMA & Ors

[2007] HCATrans 387

[2007] HCATrans 387

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Adelaide  No A27 of 2005

B e t w e e n -

SVMB

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

PETER KATSAMBANIS, MEMBER OF THE REFUGEE REVIEW TRIBUNAL

Second Respondent

PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL

Third Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 2 AUGUST 2007, AT 9.44 AM

Copyright in the High Court of Australia

__________________

GUMMOW J: The applicant is a citizen of Albania. She claimed persecution as part of a blood feud directed first against her husband, and then against her after he fled from Albania. She also claimed religious persecution. A delegate of the first respondent decided to refuse that application. That decision was upheld by the Refugee Review Tribunal on the ground that there was no religious persecution, and that s 91S of the Migration Act 1958 (Cth) prevented reliance on the blood feud. The Federal Court of Australia (Lander J) refused judicial review. The Full Court of the Federal Court of Australia (Marshall, Mansfield and Stone JJ) dismissed an appeal.

The applicant's application for special leave to appeal to this Court was stood out of the list pending determination of STCB v Minister for Immigration and Multicultural and Indigenous Affairs & Anor. That appeal has since been determined: (2006) 81 ALJR 485; 231 ALR 556. The applicant has requested that the application be re‑listed. No party has placed further submissions before the Court in the light of STCB v Minister for Immigration and Multicultural and Indigenous Affairs.  However, that decision makes it plain that if special leave were granted, the appeal would have no prospects of success.  The application is dismissed with costs.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave and I publish the disposition signed by Justice Heydon and myself.

AT 9.46 AM THE MATTER WAS CONCLUDED