SZIHU v MIMA & Anor [2007] HCATrans 381 (2 August 2007)

Last Updated: 13 August 2007

[2007] HCATrans 381

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S453 of 2006

B e t w e e n -

SZIHU

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

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 2 AUGUST 2007, AT 9.36 AM

Copyright in the High Court of Australia

GUMMOW J: The applicant is a citizen of Pakistan. He claimed a protection visa on the ground that he was persecuted in that the parents of a woman he wished to marry did not approve of the marriage, and because of a land dispute involving a member of his family. A delegate of the first respondent decided to refuse that application. That decision was upheld by the Refugee Review Tribunal on the ground that no persecution for a Convention reason was disclosed. The Federal Magistrates Court (Smith FM) refused an application for judicial review. The Federal Court of Australia (Downes J) dismissed an appeal.

Smith FM directed close attention to the construction of s 91S of the Migration Act 1958 (Cth). The applicant does not now challenge his Honour's reasoning. Further, apart from a long account of the facts, the applicant's special leave application relies on pro forma procedural complaints which are baseless. 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 and I publish the disposition signed by Justice Heydon and myself.

AT 9.37 AM THE MATTER WAS CONCLUDED