SZCPL v MIMA & Anor

[2007] HCATrans 450

[2007] HCATrans 450

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S392 of 2006

B e t w e e n -

SZCPL

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 WEDNESDAY, 29 AUGUST 2007, AT 9.21 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant, a citizen of India, seeks special leave to appeal against orders made by 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 (Emmett FM). The Federal Magistrates Court had dismissed the applicant's application for relief under s 39B of the Judiciary Act 1903 (Cth) (and associated relief) directed to the Refugee Review Tribunal in respect of its decision to affirm the refusal of a delegate of the Minister to grant the applicant a protection visa.

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

The Tribunal's decision depended in critical respects upon its factual conclusions.  There is no reason to doubt the correctness of the conclusions reached by Conti J that no error was demonstrated in the decision of the Federal Magistrate.

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 9.22 AM THE MATTER WAS CONCLUDED