SZATJ v MIMIA

[2005] HCATrans 330

[2005] HCATrans 330

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S84 of 2004

B e t w e e n -

SZATJ

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, 25 MAY 2005, AT 9.33 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant seeks to raise, on appeal to this Court, issues which were not argued in the courts below.  There was no evidence about those issues in the courts below and there are no findings by those courts about factual matters critical to the arguments which the applicant would seek now to advance.  Those issues are not suitable to a grant of special leave; they could not be agitated on appeal to this Court.

Otherwise, we see no reason to doubt the conclusion reached in the courts below that no arguable ground for judicial review of the decision of the Refugee Review Tribunal was made out.  Accordingly, an appeal to this Court would enjoy no prospect of success.

Pursuant to rule 41.11.1 we direct the Registrar to draw up, sign and seal an order that the application is dismissed with costs.  I publish that disposition.

AT 9.34 AM THE MATTER WAS CONCLUDED