SZIWN v MIAC & Anor

Case

[2008] HCATrans 44

No judgment structure available for this case.

[2008] HCATrans 044

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S256 of 2007

B e t w e e n -

SZIWN

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, 7 FEBRUARY 2008, AT 9.23 AM

Copyright in the High Court of Australia

HEYDON J:   The applicant, who has been unrepresented at all stages, is a citizen of India.  The Refugee Review Tribunal upheld the decision of a delegate of the first respondent refusing the applicant's application for a protection visa.  The applicant claimed to fear persecution on political grounds by reason of his membership of a particular party.  This claim was rejected, largely on credit grounds. 

Cameron FM refused an application for judicial review on the ground that no jurisdictional error was demonstrated.  The Federal Court of Australia (Branson J) dismissed an appeal.

The documents filed in support of the applicant's application for special leave to appeal to this Court are repetitive, formulaic and vague.  They do not suggest that an appeal would have 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.  I publish that disposition signed by Kirby J and myself.

AT 9.24 AM THE MATTER WAS CONCLUDED

Areas of Law

  • Administrative Law

  • Immigration

Legal Concepts

  • Judicial Review

  • Natural Justice

  • Procedural Fairness

  • Jurisdiction

  • Appeal

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