SZCVP v MIMA & Anor

[2007] HCATrans 583

[2007] HCATrans 583

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S51 of 2007

B e t w e e n -

SZCVP

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

KIRBY J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 4 OCTOBER 2007, AT 9.27 AM

Copyright in the High Court of Australia

HEYDON J:   The applicant is a citizen of Ukraine.  The Refugee Review Tribunal ("the Tribunal") upheld the decision of a delegate of the first respondent to refuse her application for a protection visa.  The Tribunal rejected the proposition that women like the applicant, living alone and advanced in years, formed part of a particular social group or were targeted for maltreatment on those grounds.  It found that the harm she feared was harm from criminal behaviour outside the scope of the Refugees Convention, and that Ukraine had independent bodies enforcing a system of criminal law protecting all members of the community.

Scarlett FM dismissed an application for judicial review on the ground that the Tribunal had not fallen into jurisdictional error.  The Federal Court of Australia (Conti J) agreed and dismissed an appeal.

The papers filed by the applicant in support of her application for special leave to appeal, which centres on the question whether the applicant was a member of a particular social group, do not disclose any point on which, were special leave granted, an appeal would have prospects of success.

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 Justice Kirby and myself.

AT 9.28 AM THE MATTER WAS CONCLUDED