SZBML v MIMIA

[2005] HCATrans 271

[2005] HCATrans 271

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S375 of 2004

B e t w e e n -

SZBML

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

McHUGH J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 27 APRIL 2005, AT 1.51 PM

Copyright in the High Court of Australia

McHUGH J:   The Refugee Review Tribunal rejected the claim of the applicant, a Sri Lankan, for a protection visa on the grounds that the applicant fabricated and exaggerated his claims as to his involvement in Sri Lankan politics, so that the Tribunal was not satisfied that the applicant’s level of political involvement gave rise to a well-founded fear of persecution.

The Federal Magistrates Court ordered that the application be summarily dismissed as incompetent pursuant to section 477(1A) of the Migration Act 1958 (Cth) because the application was filed more than 28 days after the notification of the Tribunal’s decision.

The Federal Court held that leave to appeal against the Federal Magistrates Court’s decision should not be granted because the Federal Magistrate did not err in dismissing the application.

The applicant’s special leave application complained of the Tribunal’s breach of rules of procedural fairness and natural justice, jurisdictional error and error of law.  The application raises no question of law that would justify the grant of special leave to appeal.  Nor is there any reason to doubt the correctness of the decision of the Federal Court.

An appeal would have no prospect of success.  The application must be dismissed.

Under the power conferred by rule 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing this application.  I publish our joint reasons.

AT 1.52 PM THE MATTER WAS CONCLUDED