SZAEM and Ors v MIMIA

Case

[2005] HCATrans 74

No judgment structure available for this case.

[2005] HCATrans 074

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S50 of 2004

B e t w e e n -

SZAEM

First Applicant

SZAEN

Second Applicant

SZAEO

Third Applicant

SZAEP

Fourth Applicant

SZAEQ

Fifth Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

McHUGH J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 3 MARCH 2005, AT 9.38 AM

Copyright in the High Court of Australia

__________________

McHUGH J:   The Refugee Review Tribunal rejected the claims of the applicants to fear persecution on religious and political grounds.  It did so for various factual reasons, some credit-based.

The Federal Magistrates Court rejected an application for judicial review because no jurisdictional error was shown.

The Federal Court dismissed an appeal for the same reason.

The application for special leave to appeal to this Court has a pro forma character, and relies on Muin v Refugee Review Tribunal (2002) 190 ALR 601. There is no demonstration of any link between the complaints made and the circumstances of the case. An appeal would have no prospects of success.

The application is dismissed with costs.

Pursuant to rule 41.11.1 we direct the Registrar to draw up, sign and seal an order that the application is dismissed with costs.

AT 9.38 AM THE MATTER WAS CONCLUDED

Areas of Law

  • Administrative Law

  • Immigration

Legal Concepts

  • Judicial Review

  • Natural Justice

  • Procedural Fairness

  • Jurisdiction

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