MZWNZ v MIMIA

[2005] HCATrans 536

[2005] HCATrans 536

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M31 of 2005

B e t w e e n -

MZWNZ

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

McHUGH J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 5 AUGUST 2005, AT 8.57 AM

Copyright in the High Court of Australia

McHUGH J:   The Refugee Review Tribunal rejected the claim of the applicant, an Indian national, for a protection visa because the Tribunal was not satisfied that the applicant experienced discrimination in India as a result of being Muslim, that the applicant was precluded from practicing the Muslim religion or that the applicant’s association with the Student Islamic Movement of India political party would cause the applicant to face persecution for a Convention reason.

The applicant did not attend the hearing before the Federal Magistrates Court.  The Court held that the applicant’s contentions of fact and law and amended application did not disclose a substantiated ground of appeal and that the Tribunal’s decision did not involve any jurisdictional error.

The Federal Court dismissed the applicant’s application for leave to appeal out of time under O 52 4 15(2) of the Federal Court Rules on the grounds that a grant of leave would be futile when no grounds of appeal were evident from the applicant’s draft notice of appeal.  The Federal Court did not provide written reasons for judgment.

The applicant’s special leave application complained that the Federal Court fell into jurisdictional error in failing to provide the applicant with written reasons for judgment.  However, the permissive language of O 35 r 2 of the Federal Court Rules makes clear that the reasons of the Federal Court need not be published in written form.  Thus, there is no jurisdictional error or ground on which to disturb the decision of the Federal Court.  The application must be dismissed.

Under the power conferred by r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing this application.  I publish our joint reasons.

AT 8.58 AM THE MATTER WAS CONCLUDED