SZGXZ v MIMA & Anor [2007] HCATrans 352 (1 August 2007)

Last Updated: 21 August 2007

[2007] HCATrans 352

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S415 of 2006

B e t w e e n -

SZGXZ

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

KIRBY J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 1 AUGUST 2007, AT 9.20 AM

Copyright in the High Court of Australia

KIRBY J: This application, for special leave to appeal, is to be considered in conjunction with the application in SZGXO v Minister for Immigration and Multicultural Affairs & Anor, which is decided concurrently. The present applicant is the sister of SZGXO and her claim is on all fours with that of her sister already dealt with.

It is not necessary to repeat the factual background. The delegate of the Minister refused the applicant a protection visa. That decision was affirmed by the Refugee Review Tribunal ("the Tribunal") in June 2005. The application for judicial review by the Federal Magistrates Court was rejected by Scarlett FM in June 2006. The appeal to the Federal Court of Australia was dismissed in October 2006 by Heerey J, exercising the appellate jurisdiction of that Court.

The claims of the present applicant are indistinguishable from those of her sister. The determination of this application should be to the same effect as in SZGXO. There are no relevant distinguishing features. For the same reasons, therefore, the present application for special leave must be refused.

Because the applicant is unrepresented, her application has been dealt with in accordance with Rule 41.10 of the High Court Rules. Pursuant to Rule 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application and I publish the disposition signed by Justice Callinan and myself.

AT 9.22 AM THE MATTER WAS CONCLUDED