SZFIR v MIAC & Anor

[2008] HCATrans 63

[2008] HCATrans 063

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S186 of 2007

B e t w e e n -

SZFIR

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 9.13 AM

Copyright in the High Court of Australia

HAYNE J: The applicant seeks special leave to appeal against orders of the Federal Court of Australia (Collier J) dismissing an appeal against orders of the Federal Magistrates Court (Smith FM). The Federal Magistrates Court had dismissed the applicant's application for relief under s 39B of the Judiciary Act 1903 (Cth) directed to the Refugee Review Tribunal in respect of the Tribunal's decision to affirm the refusal to grant the applicant a protection visa.

The applicant's case in the Federal Court differed in some respects from the case sought to be made in the Federal Magistrates Court and the arguments that the applicant would seek to advance in this Court are again different in some respects from what has been urged below.  None of the arguments advanced, whether in this Court or in the courts below, would enjoy prospects of success sufficient to warrant a grant of special leave.

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 9.14 AM THE MATTER WAS CONCLUDED