SZCIC v MIMIA & Anor

[2007] HCATrans 138

[2007] HCATrans 138

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M122 of 2006

B e t w e e n -

SZCIC

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS 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 WEDNESDAY, 18 APRIL 2007, AT 9.51 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 (Ryan J) exercising the appellate jurisdiction of that Court. By those orders, Ryan J dismissed the applicant's appeal against orders of the Federal Magistrates Court (McInnis FM) dismissing an application for relief under s 39B of the Judiciary Act 1903 (Cth), in respect of a decision of the Refugee Review Tribunal. The Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.

The applicant's written submissions seek to demonstrate that Ryan J erred in failing to find that the Tribunal ignored relevant materials, that s 424A of the Migration Act 1958 (Cth) was breached, and that the decision of the Tribunal was unreasonable. However, the Tribunal had complied with its obligations to invite the applicant to give oral evidence and it was entitled to proceed to its decision in his absence. The Tribunal's lack of satisfaction in relation to the applicant's claim before it did not amount to "information" within the meaning of s 424A.

The application raises no question of principle of general public importance warranting consideration by this Court.  There is no reason to doubt the correctness of the decision of Ryan J.

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 9.53 AM THE MATTER WAS CONCLUDED