SZHQC v Minister for Immigration & Citizenship & Anor [2007] HCATrans 735 (6 December 2007)

Last Updated: 14 December 2007

[2007] HCATrans 735

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S139 of 2007

B e t w e e n -

SZHQC

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, 6 DECEMBER 2007, AT 9.34 AM

Copyright in the High Court of Australia

HEYDON J: The applicant is a citizen of India. A delegate of the first respondent refused his application for a protection visa, which was based on a claim that he was a Muslim who had married a Hindu and attracted the hostility of her family. The second respondent upheld that decision. It did not accept that there had been a marriage or any resulting hostility; and even if there were hostility, it did not accept that the applicant faced a real chance of persecution.

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

The documents filed in this Court by the applicant in support of his application for special leave to appeal are formulaic and are not directed to the reasoning of the courts below. An appeal would have no prospects of success. 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 Justice Kirby and myself.

AT 9.35 AM THE MATTER WAS CONCLUDED