SZISJ v MIAC & Anor

Case

[2007] HCATrans 792

No judgment structure available for this case.

[2007] HCATrans 792

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S209 of 2007

B e t w e e n -

SZISJ

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

GUMMOW J
KIEFEL J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 12 DECEMBER 2007, AT 9.47 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant, a citizen of the People's Republic of China, seeks special leave to appeal against the orders of a single judge of the Federal Court of Australia (Buchanan J) exercising the appellate jurisdiction of that Court.  By those orders, Buchanan J dismissed the applicant's appeal against orders of the Federal Magistrates Court (Scarlett FM) dismissing an application for review of a decision of the Refugee Review Tribunal.  The Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.  The applicant claimed to fear persecution on religious grounds and to have come to the adverse attention of authorities.  The Tribunal concluded that there was no credible basis for the applicant's claims.  The Courts found no error in the Tribunal's approach and no basis for a conclusion of breach of procedural fairness on the part of the Tribunal.

Because the applicant is unrepresented, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

The applicant's written submissions do not advance any question of law that would justify a grant of special leave to appeal.  There is no reason to doubt the correctness of the decisions below.  Special leave is refused. 

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. I publish the disposition signed by Kiefel J and myself.

AT 9.48 AM THE MATTER WAS CONCLUDED

Areas of Law

  • Administrative Law

  • Immigration

Legal Concepts

  • Judicial Review

  • Natural Justice

  • Procedural Fairness

  • Jurisdiction

  • Standing

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