SZDTH v MIMIA

[2005] HCATrans 866

[2005] HCATrans 866

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S341 of 2005

B e t w e e n -

SZDTH

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 THURSDAY, 20 OCTOBER 2005, AT 11.02 AM

Copyright in the High Court of Australia

McHUGH J:   The applicant is a citizen of India.  He arrived in Australia on 17 September 2003.  He claims to fear persecution on the basis of his political affiliation with the MDMK and his support for the Tamil Tigers.  On 19 April 2004 the Refugee Review Tribunal affirmed the decision of the Minister’s delegate to refuse to grant the applicant a protection visa.  On 18 April 2005 the Federal Magistrates Court dismissed an application to challenge the Tribunal’s decision, and on 16 June 2005, Hely J of the Federal Court dismissed an application for an extension of time within which to file and serve a notice of appeal against the Federal Magistrates Court’s decision.  The applicant seeks special leave to appeal against Hely J’s decision.

The applicant’s submissions are pro forma.  They have no bearing on the facts of his particular case.  Hely J, in dismissing the applicant’s application for an extension of time, considered that the appeal was hopeless as the applicant was unable to point to any error of law in the decision of the Federal Magistrates Court and relied on irrelevant grounds of appeal, including unsupported assertions that the facts of this case are analogous to the facts in Muin v Refugee Review Tribunal; Lie v Refugee Review Tribunal (2002) 190 ALR 601. The same defects are present in the applicant’s submissions in this application. The application discloses no arguable error of law in the decisions below and must be dismissed.

Under the power conferred by Rule 41.10.5 we direct the Registrar to draw up, sign and seal an order that the application is dismissed.  I publish our joint reasons.

AT 11.02 AM THE MATTER WAS CONCLUDED