SZHMP v MIMA & Anor

Case

[2007] HCATrans 380

2 August 2007

No judgment structure available for this case.

[2007] HCATrans 380

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S452 of 2006

B e t w e e n -

SZHMP

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, 2 AUGUST 2007, AT 9.35 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of the People's Republic of China.  He claimed a protection visa on the ground that he was persecuted as a member of an underground Christian church.  A delegate of the first respondent decided to refuse that application.  That decision was upheld by the Refugee Review Tribunal because of the incompleteness of the applicant's claims.  The Federal Magistrates Court (Scarlett FM) refused an application for judicial review.  The Federal Court of Australia (Lindgren J) dismissed an appeal.

The applicant advances, in a pro forma and undeveloped fashion, various allegations, all of which were correctly rejected in the Federal Court.  An appeal would have no prospects of success.  The application is dismissed.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave and I publish the disposition signed by Justice Heydon and myself.

AT 9.36 AM THE MATTER WAS CONCLUDED

Areas of Law

  • Administrative Law

  • Immigration

Legal Concepts

  • Judicial Review

  • Procedural Fairness

  • Natural Justice

  • Jurisdiction

  • Standing

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