SZHNR & Anor v MIMA & Anor

Case

[2007] HCATrans 379

2 August 2007

No judgment structure available for this case.

[2007] HCATrans 379

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S450 of 2006

B e t w e e n -

SZHNR

First Applicant

SZHNY

Second 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 9.34 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicants are citizens of the People's Republic of China.  They claimed protection visas on the ground that they were persecuted as members 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 on credibility grounds.  The Federal Magistrates Court (Scarlett FM) refused an application for judicial review.  The Federal Court of Australia (Middleton J) dismissed an appeal.

Were this application for special leave to appeal to be granted, the appeal would not raise any point of law having any 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 9.35 AM THE MATTER WAS CONCLUDED

Areas of Law

  • Administrative Law

  • Statutory Interpretation

Legal Concepts

  • Judicial Review

  • Procedural Fairness

  • Natural Justice

  • Statutory Construction

  • Standing

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