SAAT v MIMIA

[2004] HCATrans 308

[2004] HCATrans 308

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Adelaide  No A247 of 2003

B e t w e e n -

SAAT

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

GUMMOW J
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT ADELAIDE ON THURSDAY, 12 AUGUST 2004, AT 11.54 AM

Copyright in the High Court of Australia

GUMMOW J:   This application has been considered by the Court on the papers.  The parties have not sought to make oral submissions.  The application concerns a contention that the Full Court of the Federal Court should have allowed an amendment to the notice of appeal to alleged bias on the part of the Refugee Review Tribunal.  There are no prospects of success on that ground.

Insofar as the applicant asserts that the Refugee Review Tribunal failed to make a bona fide attempt to exercise its jurisdiction, the Court is of opinion that the Federal Court was correct to reject that claim.  Thus no error has been shown warranting the intervention of this Court and special leave is refused with costs.

The Court will now adjourn until 10.15 am on Tuesday, 31 August 2004 at Canberra.

AT 11.55 AM THE MATTER WAS CONCLUDED