SZCXR v MIAC

[2007] HCATrans 787

[2007] HCATrans 787

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S158 of 2007

B e t w e e n -

SZCXR

Applicant

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
KIEFEL J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 12 DECEMBER 2007, AT 9.40 AM

Copyright in the High Court of Australia

GUMMOW 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 (Graham J) exercising the appellate jurisdiction of that Court.  By those orders, Graham J dismissed the applicant's appeal against orders of the Federal Magistrates Court (Jarrett FM) dismissing an application for review 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 claimed to fear persecution because he had been identified as a member of the Sikh Student Federation and that he was arrested and tortured on this account.  A prior application by the applicant to review the Tribunal's decision was dismissed by the Federal Court.  Jarrett FM held that the applicant was precluded from re-litigating his claims.

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

The applicant's written submissions raise no argument in support of his application for special leave.  In particular no reason is shown to doubt the correctness of the application of principles governing further litigation on the same issues.  Special leave is refused.    

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. I publish the disposition signed by Kiefel J and myself.

AT 9.42 AM THE MATTER WAS CONCLUDED