SZJPS & Ors v MIAC & Anor

Case

[2008] HCATrans 51

No judgment structure available for this case.

[2008] HCATrans 051

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S266 of 2007

B e t w e e n -

SZJPS

First Applicant

SZJPT

Second Applicant

SZJPU

Third 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 9.30 AM

Copyright in the High Court of Australia

__________________

HEYDON J:   The applicants (husband, wife and son) are citizens of Bangladesh.  The claims of the wife and son depend on the claims of the husband.  The Refugee Review Tribunal upheld a decision of a delegate of the first respondent refusing the husband's claims to fear persecution on the ground that he was a Hindu and a supporter of the Awami League.  The Tribunal found many aspects of the claim to be incredible.

Turner FM dismissed an application for judicial review on the ground that there had been no jurisdictional error.  The Federal Court of Australia (Tamberlin J) dismissed an appeal. 

The documents filed by the applicants in support of their application for special leave to appeal to this Court are pro forma in character and raise no issue likely to result in an appeal succeeding if special leave were granted.  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 9.31 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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