SZIDZ v MIAC & Anor

Case

[2007] HCATrans 584

4 October 2007

No judgment structure available for this case.

[2007] HCATrans 584

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S55 of 2007

B e t w e e n -

SZIDZ

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

KIRBY J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 4 OCTOBER 2007, AT 9.28 AM  

Copyright in the High Court of Australia

HEYDON J:   The applicant is a citizen of Pakistan.  The Refugee Review Tribunal ("the Tribunal") upheld a decision by a delegate of the first respondent refusing his application for a protection visa.  The applicant failed to attend the hearing.  The Tribunal said it was not persuaded by the applicant's unsupported assertions that he was a moderate adherent to Islam at risk of persecution by fundamentalists.

An application for judicial review was heard by McInnes FM.  The applicant did not attend that hearing, and the application was dismissed on the ground that no jurisdictional error was demonstrated.

After a hearing before the Federal Court of Australia (Allsop J), again not attended by the applicant, an appeal was dismissed.

The papers filed by the applicant in support of his application for special leave to appeal to this Court re-agitate factual matters found against him, and reveal no point of law on which an appeal would have 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.  I publish the disposition signed by Justice Kirby and myself.

AT 9.29 AM THE MATTER WAS CONCLUDED

Areas of Law

  • Administrative Law

  • Immigration

Legal Concepts

  • Judicial Review

  • Natural Justice

  • Procedural Fairness

  • Jurisdiction

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