NAID v MIMIA

[2004] HCATrans 192

[2004] HCATrans 192

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S482 of 2003

B e t w e e n -

NAID

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 2.00 PM

Copyright in the High Court of Australia

NAID appeared in person.

MR S.B. LLOYD:   May it please your Honours, I appear in this matter for the Minister.  (instructed by Sparke Helmore)

GLEESON CJ:   Just stand up and speak into that microphone so that this can be taken down.

NAID:   I am just addressing on the point on page 53, the fifteenth paragraph.  I just want to address on that.  The documents which are submitted, arrest warrant and FIR – the RRT they found some discrepancies in this.  They never checked it whether it is true or false.  That is what I am addressing, that is it, only that point.

GLEESON CJ:   Does that cover what you want to say?

NAID:   Yes.

GLEESON CJ:   We do not need to hear you, Mr Lloyd.

As the Full Court of the Federal Court pointed out, the decision of the Refugee Review Tribunal was based on adverse findings of fact.  The Court is of the view that there are insufficient prospects of success to warrant a grant of special leave and the application is refused with costs.

AT 2.02 PM THE MATTER WAS CONCLUDED