SZEIL v MIMIA

[2005] HCATrans 1012

[2005] HCATrans 1012

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S376 of 2005

B e t w e e n -

SZEIL

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 15 DECEMBER 2005, AT 9.23 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of India.  He claimed to be a Hindu who had been persecuted by Muslims in being attacked many times, cut and threatened.  He failed to attend a hearing arranged by the Refugee Review Tribunal, which declined to accept his untested assertions.

An application for review to the Federal Magistrates Court was dismissed on the ground that no jurisdictional error was established and that the refusal to grant an adjournment was not an error of that kind.  The Federal Court of Australia dismissed an appeal on the ground that the Federal Magistrates Court had not erred.

We have considered the applicant’s written case and the decisions of the Tribunal, the Federal Magistrates Court and the Federal Court.  There would be insufficient prospects of success on any appeal to this Court from the Federal Court to warrant a grant of special leave.  Accordingly the application for 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 for special leave.  I publish the disposition signed by Heydon J and myself.

AT 9.24 AM THE MATTER WAS CONCLUDED