SZJUM & Anor v Minister for Immigration and Citizenship

[2008] HCASL 117

SZJUM & ANOR
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 117
S421/2007

1. The applicants seek special leave to appeal against orders of a single judge of the Federal Court of Australia (Jessup J) dismissing an appeal against orders of the Federal Magistrates Court. The Federal Magistrate (Turner FM) had dismissed the applicants' claim for relief under s 39B of the Judiciary Act 1903 (Cth) directed to the Refugee Review Tribunal in respect of its decision affirming the refusal to grant the applicants protection visas. Neither applicant appeared in the Federal Court to prosecute the appeal but submitted material that Jessup J understood as seeking an adjournment of the hearing of the appeal. Jessup J declined to adjourn the appeal.

2. We see no reason to doubt the correctness of the conclusions reached in the courts below that no ground for relief of the kind claimed was made out.  An appeal to this Court would enjoy no prospect of success.

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
27 March 2008 S.M. Crennan