SZDGK v MIAC & Anor

[2008] HCATrans 59

[2008] HCATrans 059

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S107 of 2007

B e t w e e n -

SZDGK

First Applicant

SZDGL

Second Applicant

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

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 THURSDAY, 7 FEBRUARY 2008, AT 9.09 AM

Copyright in the High Court of Australia

HAYNE J: The applicants, husband and wife, seek special leave to appeal against the orders of a single judge of the Federal Court of Australia (Siopsis J) exercising the appellate jurisdiction of that Court. By those orders, Siopsis J dismissed the applicants' appeal against orders of the Federal Magistrates Court (Nicholls FM) dismissing an application for relief under s 39B of the Judiciary Act 1903 (Cth) in respect of a decision of the Refugee Review Tribunal. The Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicants protection visas. In particular, the Tribunal found that, in the circumstances of the case, the first applicant, the wife, had not shown that she had a well‑founded fear of persecution for a Convention reason and that she was able to return to Latvia, the country of which she claimed to be a citizen.

The applicants' written submissions do not raise a question of principle of general public importance which would warrant consideration by this Court.  We see no reason to doubt the correctness of the conclusions reached in the courts below.

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 9.10 AM THE MATTER WAS CONCLUDED