SZAJF v MIMIA

[2005] HCATrans 45

[2005] HCATrans 045

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S138 of 2004

B e t w e e n -

SZAJF

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

McHUGH J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 11 FEBRUARY 2005, AT 12.35 PM

Copyright in the High Court of Australia

SZAJF appeared in person.

MR G.R. KENNETT:   May it please the Court, I appear for the respondent.  (instructed by Blake Dawson Waldron)

RAMANA KULASEKERRAN, affirmed as interpreter:

McHUGH J:   Yes, would you tell the applicant to proceed.  Tell him we have read the document that has been filed by him, but is there anything additional that he wants to add.

SZAJF (through interpreter):   Your Honour, …..wish to kindly inform you that I have information from my friends in India that there are certain parties who are searching for me.

McHUGH J:   In this Court, we do not hear new evidence.  We only deal with the case on the evidence before the other courts, the lower courts.

SZAJF (through interpreter):   Your Honours, I have nothing more to add.

McHUGH J:   We need not hear you, Mr Kennett.

We have read the application filed on behalf of the applicant.  The matter involved a discretionary decision concerning the refusal to grant leave to appeal out of time under Order 52 rule 15 of the Federal Court Rules.  No reason has been advanced which suggests error on the part of the court below.  Accordingly, the Court has no alternative but to dismiss the application with costs.

The Court will now adjourn to 10.15 am, Tuesday, 1 March in Canberra.

AT 12.38 PM THE MATTER WAS CONCLUDED