SZDLO v MIMIA

[2005] HCATrans 266

[2005] HCATrans 266

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S61 of 2005

B e t w e e n -

SZDLO

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 1.50 PM

Copyright in the High Court of Australia

McHUGH J:   The applicant is national of India.  He arrived in Australia on 12 February 2003 and lodged an application for a protection visa on 1 May 2003.  On 18 March 2004 the Refugee Review Tribunal affirmed a decision of the delegate of the Minister for Immigration and Multicultural and Indigenous Affairs refusing to grant him the protection visa.  On 11 February 2005 the Federal Court dismissed an appeal against the Tribunal’s decision.

The applicant advised the Tribunal through his agent that he would not attend the Tribunal’s hearings in relation to his claim.  The applicant failed to supply full particulars of his submissions to the Tribunal, despite orders being made requiring him to do so.  In the circumstances, the Tribunal was unable to make a determination favourable to the applicant due in large part to the applicant’s failure to provide the necessary information.   

The applicant submits that the Tribunal’s decision was attended by jurisdictional error, that the Tribunal did not take all relevant information into account and that the decision was affected by actual bias.  As Moore J in the Federal Court correctly held, there is nothing in the Tribunal’s reasons to support these claims. 

The applicant has not raised any additional grounds before this Court that could support a successful appeal.  Accordingly, the application for special leave to appeal 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 1.50 PM THE MATTER WAS CONCLUDED