Applicant Nasl of 2002 v MIMIA

[2004] HCATrans 195

[2004] HCATrans 195

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S455 of 2003

B e t w e e n -

APPLICANT NASL OF 2002

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

GLEESON CJ
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON TUESDAY, 1 JUNE 2004, AT 2.10 PM

Copyright in the High Court of Australia

APPLICANT NASL OF 2002 appeared in person.

MR J.D. SMITH:   May it please the Court, I appear for the respondent.  (instructed by Sparke Helmore)

APPLICANT NASL OF 2002:   Sorry, but I cannot continue because I need an interpreter.

GLEESON CJ:   I have been handed a message saying that the Registry has been advised that the Spanish interpreter is running late, is that right?

DEPUTY REGISTRAR:   Yes, your Honour.

GLEESON CJ:   Has the Spanish interpreter offered an explanation as to why he or she is running late?

DEPUTY REGISTRAR:   Apparently the Spanish interpreter had noted down the wrong date and, on being informed that it was on today, she was getting a taxi and we were told that she was about 15 minutes away, and that was at about 5 to 2.

GLEESON CJ: Call matter No 5, please. We will come to your matter in a moment.

AT 2.12 PM THE MATTER WAS ADJOURNED
UNTIL LATER THE SAME DAY

UPON RESUMING AT 2.31 PM:

GRETE DE TAPIA, sworn as interpreter:

GLEESON CJ:   Would you speak into the microphone and, interpreter, would you speak into that microphone, please, so that this can all be taken down.  Go ahead and say what you want to say to us.

APPLICANT NASL OF 2002 (through interpreter):   First of all, I wish to give my thanks because this country, Australia, has welcomed me

because in my country for political reasons I was forced out.  I left my country in 2001 and I arrived in Australia on 20 February 2001.  My situation here in Australia has been that I am here for political reasons due to problems which have not yet been solved in my country. 

The present government is a government that is even worse than the former government which the country was under when I left.  I have worked in the bank with accounts during the government for Fujimori.  I presented my case within 45 days here in Australia as a refugee but unfortunately it was badly translated.  It was the first time I left my country.  I came here to Australia.  I was forced to come here and they paid for my tickets.  They gave me my tickets, the government.

Unfortunately, I have been refused as a refugee in the courts.  Here in the High Court I am begging that my case be reviewed again because I cannot return to my country.  The reason I cannot go back is I have come with my son.  I came with my son when he was six years old.  I have also come with my wife.  They had been mistreated in Peru and now they are well here.  My son is well here.  That is why I am very grateful to this country because I have here been given the opportunity to be living at peace.  Please, I wish to tell you that the papers I have submitted are the truth.  They are true papers and I ask his Honour to please review my case.

Finally, I do want to point out that I am a professional.  I am a computer engineer in my country.  I am working here in that field but unfortunately I cannot live in peace.  I cannot live peacefully due to the fact that I have at present no stability.  If I will not be given assistance as a refugee, if I am not accepted as a refugee, this is my last opportunity and I would like then to apply for a visa in another manner because I like living in this country.

GLEESON CJ:   This is an application for special leave to appeal to this Court against the decision of Justice Bennett of the Federal Court of Australia given on 17 July 2003.  Justice Bennett dismissed an appeal from Magistrate Raphael, who in turn upheld a decision of the Refugee Review Tribunal adverse to the present applicant.

This Court is of the view that there are insufficient prospects of success of an appeal against the decision of Justice Bennett to warrant a grant of special leave to appeal.  In his submissions to this Court, the applicant indicated that if the decision of this Court went against him, he would like to seek a visa in some alternative fashion.  Unfortunately, it is not within the jurisdiction of this Court to deal with such an application.  Any such application would have to be made to the proper authorities and pursued before them in the ordinary way.  We make no comment on the prospect of success of any such application.

The application for special leave to appeal is dismissed with costs.  The Court will adjourn until 10.15 am on Tuesday, 15 June in Canberra.

AT 2.42 PM THE MATTER WAS CONCLUDED