SZJSV & Anor v MIAC & Anor [2008] HCATrans 29 (6 February 2008)

Last Updated: 12 February 2008

[2008] HCATrans 029

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S278 of 2007

B e t w e e n -

SZJSV

First Applicant

SZJSW

Second 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
GUMMOW J
KIEFEL J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 6 FEBRUARY 2008, AT 9.50 AM

Copyright in the High Court of Australia

GUMMOW J: The first applicant is a citizen of India who claims to fear persecution from disgruntled former business clients. The second applicant is the first applicant's wife. On 16 October 2006, the Refugee Review Tribunal affirmed the decision of a delegate of the respondent Minister to refuse their application for protection visas. The applicants were invited to appear before the Tribunal but did not do so. Pursuant to s 426A of the Migration Act 1958 (Cth), the Tribunal made a decision in the applicants' absence. The Tribunal was unable to be satisfied, on the information before it, that the applicants had a well-founded fear of persecution for a Convention reason.

An application for an order to show cause why a remedy should not be granted under s 476 of the Act was dismissed by the Federal Magistrates Court on 7 March 2007. Federal Magistrate Scarlett found no evidence of jurisdictional error. An appeal to the Federal Court was dismissed by North J on 15 May 2007.

The application for special leave to appeal does not advance any question of law that would justify the intervention of this Court. There are no prospects of success on any appeal to this Court. Special leave is refused.

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 the disposition signed by Kiefel J and myself.

AT 9.52 AM THE MATTER WAS CONCLUDED