SZDCT v MIMA

[2006] HCATrans 123

[2006] HCATrans 123

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S133 of 2005

B e t w e e n -

SZDCT

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 9 MARCH 2006, AT 9.27 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant, a citizen of India, seeks special leave to appeal against the orders of a single judge of the Federal Court of Australia (Gyles J) exercising the appellate jurisdiction of that Court. By those orders, Gyles J dismissed the applicant’s appeal against orders of the Federal Magistrates Court dismissing an application for relief under s 39B of the Judiciary Act 1903 (Cth) in respect of a decision of the Refugee Review Tribunal affirming the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.

The decisions in the courts below turned on the Refugee Review Tribunal’s finding that the applicant could reasonably be expected to relocate to another region in India.  No jurisdictional error is apparent in this conclusion.  We see no reason to doubt the correctness of the decision of Gyles J.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.  I publish that disposition.

AT 9.28 AM THE MATTER WAS CONCLUDED