SZBAK v MIMIA

[2006] HCATrans 122

[2006] HCATrans 122

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S112 of 2005

B e t w e e n -

SZBAK

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
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 9 MARCH 2006, AT 9.25 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant, a citizen of Ukraine, seeks special leave to appeal against the orders of a single judge of the Federal Court of Australia (Conti J) exercising the appellate jurisdiction of that Court. By those orders, Conti J dismissed the applicant’s appeal against orders of the Federal Magistrates Court dismissing an application for relief under s 39B of the Judiciary Act 1903 (Cth) in respect of a decision of the Refugee Review Tribunal affirming the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.

The applicant’s draft notice of appeal in this matter specifies two grounds: first, that the Refugee Review Tribunal “failed to comply” with the concept of “persecution” in s 91R of the Migration Act 1958 (Cth), and so failed to accord the applicant procedural fairness; second, that the Refugee Review Tribunal failed to comply with its obligations under s 424A(1) of the Migration Act.

The Tribunal was not satisfied that the applicant had ever been a member of the Salvation Army, a contention central to the applicant’s claims.  An appeal would have insufficient prospects of success to warrant a grant of special leave.

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

AT 9.27 AM THE MATTER WAS CONCLUDED