SZEUT v MIMIA & Anor

[2006] HCATrans 374

[2006] HCATrans 374

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S554 of 2005

B e t w e e n -

SZEUT

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

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 2 AUGUST 2006, AT 9.57 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant, a citizen of Iran, seeks special leave to appeal against orders of a single judge of the Federal Court of Australia (Graham J) made in the exercise of the appellate jurisdiction of that Court.

Graham J dismissed the applicant’s appeal against orders of the Federal Magistrates Court dismissing an application for relief under s 39B of the Judiciary Act 1903 (Cth), in respect of a decision of the Refugee Review Tribunal affirming the decision of a delegate of the Minister to refuse to grant the applicant a protection visa. In 1998, the applicant had unsuccessfully applied to the Federal Court seeking review of the same Tribunal decision. That earlier application failed, the trial judge (Emmett J) finding no reviewable error on the part of the Tribunal, in its findings of fact or conclusions regarding the applicant’s credibility.

The applicant’s written submissions develop no argument which would support the grant of special leave.  The actual decisions in the courts below are not attended by doubt.

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 9.58 AM THE MATTER WAS CONCLUDED