SZBYR and Anor v Minister for Immigration and Citizenship and Anor
[2007] HCA 26(2007) 235 ALR 609
(Judgment by: Hayne J)
SZBYR and Anor
v Minister for Immigration and Citizenship and Anor
Judges:
Gleeson CJ
Gummow J
Kirby J
Hayne JCallinan J
Heydon J
Crennan J
Judgment date: 13 June 2007
Canberra
Judgment by:
Hayne J
[91] I agree that the appeal should be dismissed with costs. The Refugee Review Tribunal's finding that the appellants' claims lacked the requisite nexus with the Convention [91] was inevitable. That being so, the appellants were not entitled to relief of the kind they sought. The discretion [92] to grant that relief was to be exercised against them.
[92] There is, therefore, no occasion to consider the application in this case of s 424A of the Migration Act 1958 (Cth) or to consider what was said about that provision in SAAP v Minister for Immigration and Multicultural and Indigenous Affairs. [93] Nor is it necessary to examine what has been said about that provision by the Full Court of the Federal Court of Australia in Minister for Immigration and Multicultural Affairs v Al Shamry [94] or SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs. [95]
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