SZCQX v MIMIA & Anor

[2007] HCATrans 460

[2007] HCATrans 460

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S407 of 2006

B e t w e e n -

SZCQX

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 29 AUGUST 2007, AT 9.32 AM

Copyright in the High Court of Australia

HAYNE J: The applicant, a citizen of India, applied unsuccessfully for a protection visa. The Refugee Review Tribunal reviewed that decision but affirmed the refusal. The applicant sought judicial review of the Tribunal's decision but the Federal Magistrates Court (Barnes FM) dismissed the applicant's claim for relief under s 39B of the Judiciary Act 1903 (Cth) and associated relief. The applicant's appeal to the Federal Court of Australia was dismissed by Bennett J. The applicant now seeks special leave to appeal to this Court.

Because the applicant is unrepresented, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

The question which the applicant would seek to agitate about the application of s 424A of the Migration Act 1958 (Cth) would not fall for decision in any appeal to this Court. The Tribunal's conclusions about relocation, and consequent failure to demonstrate a Convention reason, were not attended by jurisdictional error. It follows that "no useful result could ensue from the grant of the relief desired"[1] by the applicant and that the actual orders made in the courts below would not be disturbed on appeal to this Court.

[1]SZBYR v Minister for Immigration and Citizenship & Anor [2007] HCA 26 at [29].

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. I publish that disposition.

AT 9.34 AM THE MATTER WAS CONCLUDED