SZCEM v MIMA & Anor

[2006] HCATrans 696

[2006] HCATrans 696

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S170 of 2006

B e t w e e n -

SZCEM

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second 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, 14 DECEMBER 2006, AT 9.18 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant, a citizen of India, seeks special leave to appeal against the orders of a single judge of the Federal Court of Australia (French J) made in the exercise of that Court’s appellate jurisdiction. By those orders, French J dismissed the applicant’s appeal against orders of the Federal Magistrates Court (Driver FM) dismissing the applicant’s claim for relief under s 39B of the Judiciary Act 1903 (Cth) directed to the Refugee Review Tribunal. The Tribunal had affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.

In the Federal Court, French J rejected the applicant’s contentions that the Federal Magistrate should have found jurisdictional error by the Tribunal.  Those contentions asserted that the Tribunal had been biased or had acted in bad faith and that it had made a number of factual errors.

Because the applicant is unrepresented, the application for special leave falls to be dealt with under r 41.10 of the High Court Rules 2004.

There is no reason to doubt the correctness of the decision of French J.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. I publish that disposition.

AT 9.19 AM THE MATTER WAS CONCLUDED