SZDNZ v MIMIA

[2005] HCATrans 541

[2005] HCATrans 541

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S122 of 2005

B e t w e e n -

SZDNZ

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 SYDNEY ON FRIDAY, 5 AUGUST 2005, AT 8.59 AM

Copyright in the High Court of Australia

McHUGH J:   The Refugee Review Tribunal rejected the claim of the applicant, an Indian national, for a protection visa because the Tribunal was not satisfied that the police had any adverse interest in the applicant after the applicant attended a political protest or that the applicant had been mistreated because of his support for the MDMK political party.

The Federal Magistrates Court rejected the application of the applicant to disqualify himself from hearing the application for judicial review of the Tribunal’s decision on the ground that the Magistrate had a conflict of interest.  Federal Magistrate Scarlett had studied law at the same university and at the same time as the Tribunal member, Nicholls.  The Magistrate also dismissed the application for judicial review on the ground that the factual findings that the Tribunal reached were open to the Tribunal.

The Federal Court held that the Tribunal did not fail to give the applicant an opportunity to respond to adverse material.  The Court also held that the Federal Magistrate’s decision involved no procedural unfairness by refusing an application for an adjournment and no reasonable apprehension of bias by refusing to disqualify himself from determining the application for review.

The applicant’s special leave application complained that the Tribunal fell into jurisdictional error and failed to consider relevant considerations and that the Federal Court made an error of law in failing to find a reasonable apprehension of bias on the part of the Tribunal member.  None of the applicant’s grounds of appeal have been substantiated.  The application must be dismissed.

Under the power conferred by r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing this application.  I publish our joint reasons.

AT 8.59 AM THE MATTER WAS CONCLUDED