SZEVE v MIMIA & Anor

[2007] HCATrans 767

[2007] HCATrans 767

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S140 of 2006

B e t w e e n -

SZEVE

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 TUESDAY, 11 DECEMBER 2007, AT 9.35 AM

Copyright in the High Court of Australia

HAYNE J: The applicant seeks special leave to appeal against orders of a single judge of the Federal Court of Australia (Edmonds J) dismissing an appeal against orders of the Federal Magistrates Court (Lloyd‑Jones FM). The Federal Magistrate dismissed the applicant's claim for relief under s 39B of the Judiciary Act 1903 (Cth) directed to the Refugee Review Tribunal in respect of its decision to affirm refusal of a protection visa.

The applicant contends that the Tribunal did not comply with the requirements of s 424A.  But as Edmonds J rightly held in the Federal Court, if there was a breach of s 424A, that breach did not bear upon the Tribunal's finding that the applicant did not have a well‑founded fear of persecution if he returned to his country of origin because he could relocate within the country.  That finding of fact was not affected by jurisdictional error (SZFDV v Minister for Immigration and Citizenship (2007) 81 ALJR 1679; 237 ALR 660).

It follows that the Tribunal was bound to affirm refusal of the protection visa the applicant sought.  No useful result could ensue from the grant of the relief sought by the applicant (SZBYR v Minister for Immigration and Citizenship (2007) 81 ALJR 1190; 235 ALR 609). An appeal to this Court would enjoy no prospect of success.

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 9.36 AM THE MATTER WAS CONCLUDED