SZEXY v MIMIA & Anor [2007] HCATrans 766 (11 December 2007)

Last Updated: 17 December 2007

[2007] HCATrans 766

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S134 of 2006

B e t w e e n -

SZEXY

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON TUESDAY, 11 DECEMBER 2007, AT 9.33 AM

Copyright in the High Court of Australia

HAYNE J: The applicant seeks special leave to appeal against orders of a single judge of the Federal Court of Australia (Edmonds J) dismissing the applicant's appeal against orders of the Federal Magistrates Court (Lloyd-Jones FM). The Federal Magistrate dismissed the applicant's claim for relief under s 39B of the Judiciary Act 1903 (Cth) directed to the Refugee Review Tribunal in respect of its decision to affirm refusal of a protection visa.

The applicant contends that the Tribunal did not comply with the requirements of s 424A of the Migration Act 1958 (Cth). Even if that is so, the Tribunal found, as a fact, that the applicant had no subjective fear of persecution. This being so, the Tribunal was bound to affirm the refusal of a protection visa. No useful result could ensue from the grant of the relief sought by the applicant (SZBYR v Minister for Immigration and Citizenship [2007] HCA 26; (2007) 81 ALJR 1190; 235 ALR 609). An appeal to this Court would enjoy no prospect of success.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs. I publish that disposition.

AT 9.35 AM THE MATTER WAS CONCLUDED