NALR v MIMIA

[2005] HCATrans 290

[2005] HCATrans 290

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S289 of 2004

B e t w e e n -

NALR

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 27 APRIL 2005, AT 4.47 PM

Copyright in the High Court of Australia

HAYNE J:   The applicant seeks special leave to appeal against a judgment of the Federal Court rejecting an appeal from the decision of a Federal Magistrate which affirmed earlier decisions of the Refugee Review Tribunal and a delegate of the respondent to refuse to grant the applicant a protection visa.  The only ground taken in the Federal Court was that the Tribunal had denied the applicant natural justice and procedural fairness.  Neither before the Federal Magistrate nor before the Federal Court was the applicant able to point to any particular instances of a want of natural justice or procedural fairness on the part of the Tribunal.

In substance the applicant failed because the Tribunal regarded him as an unreliable witness and his claims as fabricated.

The applicant being unrepresented, this application falls to be dealt with in accordance with rule 41.10 of the High Court Rules 2004.

The applicant’s written case discloses no error on the part of the Tribunal, the Federal Magistrate or the Federal Court, and his application for special leave should accordingly be dismissed.

Pursuant to rule 41.10.5 we direct the Registrar to draw up, sign and seal and order dismissing the application. I publish that disposition.

AT 4.48 PM THE MATTER WAS CONCLUDED