SZFVD v MIMA & Anor

Case

[2007] HCATrans 534

6 September 2007

No judgment structure available for this case.

[2007] HCATrans 534

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S463 of 2006

B e t w e e n -

SZFVD

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

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 6 SEPTEMBER 2007, AT 9.29 AM  

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of India.  A delegate of the first respondent refused his application for a protection visa.  The Refugee Review Tribunal upheld that decision.  The applicant claimed, as a Muslim who had married a Hindu, to fear persecution by Hindus.  The Tribunal concluded that the applicant could avoid persecution by relocating within India.  Lloyd-Jones FM refused an application for judicial review on the ground that the Tribunal's decision was free of jurisdictional error.  Downes J dismissed an appeal. 

There are insufficient prospects of success in any appeal to justify the 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 for special leave.  I publish the disposition signed by Justice Heydon and myself.

AT 9.30 AM THE MATTER WAS CONCLUDED

Areas of Law

  • Administrative Law

  • Immigration

  • Statutory Interpretation

Legal Concepts

  • Judicial Review

  • Procedural Fairness

  • Natural Justice

  • Statutory Construction

  • Jurisdiction

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