SZEGS v MIMIA & Anor

[2006] HCATrans 396

[2006] HCATrans 396

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S502 of 2005

B e t w e e n -

SZEGS

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

KIRBY J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 3 AUGUST 2006, AT 1.16 PM

Copyright in the High Court of Australia

KIRBY J:   This applicant claims to be a member of the “Christian Shouters” who are involved in underground religious activities in China.  He asserts that some of his friends who were also Christian Shouters have been detained and sentenced in that country.

The first respondent refused him a protection visa.  The Refugee Review Tribunal (“the Tribunal”) affirmed that refusal on the basis that the applicant was unable to substantiate his claims.  It provided reasons for its opinion in that regard, including that his account lacked any such detail as would give it credibility. 

In the Federal Magistrates Court the applicant claimed, but was unable to make out, that he had not been given a proper opportunity to explain his case to the Tribunal.  Neither the Federal Magistrates Court nor the Federal Court, to which the applicant then appealed, was able to detect any jurisdictional or other error of law warranting interference with the decision of the Tribunal.

The decision of the Federal Court from which the applicant now seeks leave to appeal to this Court is correct.  Accordingly the application for special leave must be dismissed.

Because the applicant is unrepresented, this application for special leave falls to be dealt with in accordance with rule 41.10 of the High Court Rules 2004. Pursuant to rule 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing this application. I publish that disposition signed by Callinan J and myself.

AT 1.17 PM THE MATTER WAS CONCLUDED