SZIWV v Minister for Immigration and Citizenship

[2008] HCASL 150

SZIWV
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 150
S507/2007

1. The applicant, a citizen of Indonesia, seeks special leave to appeal against the orders of a single judge of the Federal Court of Australia (Lander J) exercising the appellate jurisdiction of that Court. Lander J dismissed the applicant's appeal against orders of the Federal Magistrates Court (Mowbray FM). The Federal Magistrate had dismissed an application for relief under s 39B of the Judiciary Act 1903 (Cth) directed to the Refugee Review Tribunal in respect of its decision to affirm a refusal to grant the applicant a Protection (Class XA) visa. Lander J accepted that the applicant had not attended a hearing before the Tribunal but his Honour concluded that no error had been demonstrated in the way that the Tribunal exercised its statutory obligations to invite the applicant to the hearing, pursuant to s 425(1) of the Migration Act 1958 (Cth).

2. There is no reason to doubt the correctness of the decision of Lander J.

3. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

K.M. Hayne
23 April 2008 S.M. Crennan