SZENJ v MIAC & Anor

[2007] HCATrans 653

[2007] HCATrans 653

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S294 of 2007

B e t w e e n -

SZENJ

Applicant

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 8 NOVEMBER 2007, AT 9.23 AM

Copyright in the High Court of Australia

HAYNE J: The applicant seeks special leave to appeal against orders of a single judge of the Federal Court of Australia (Downes J) dismissing the applicant's appeal against orders of the Federal Magistrates Court (Emmett FM). The Federal Magistrates Court dismissed the applicant's claims for relief under s 39B of the Judiciary Act 1903 (Cth) and associated relief in relation to the decision of the Refugee Review Tribunal affirming the refusal of a protection visa.

The central complaint the applicant seeks to agitate on appeal to this Court is that there was a want of procedural fairness in the proceedings in the Federal Magistrates Court because a reasonable bystander would have apprehended that the Federal Magistrate was biased.

On appeal to the Federal Court of Australia, Downes J not only considered the transcript of the proceedings in the Federal Magistrates Court but also listened to large sections of the tape recordings of those proceedings.  He found the complaint of bias (then put forward as actual bias and apprehended bias) to be "entirely without foundation".

There is no reason to doubt the correctness of this conclusion.  Nor is there any reason to doubt the decisions in the courts below that relief of the kinds sought by the applicant should not be granted.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.  I publish that disposition.

AT 9.25 AM THE MATTER WAS CONCLUDED