SZFZA v MIAC & Anor

[2007] HCATrans 781

[2007] HCATrans 781

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S152 of 2007

B e t w e e n -

SZFZA

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

GUMMOW J
KIEFEL J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 12 DECEMBER 2007, AT 9.32 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of India.  He arrived in Australia on 27 September 2004 and on 16 November 2004 a delegate of the first respondent refused his application for a protection visa.  The Refugee Review Tribunal ("the Tribunal") rejected the application for review of the decision of the first respondent on 9 February 2005.  The applicant claimed to be under pressure from the authorities to give evidence implicating Muslims in the murder of a Hindu leader, and to fear reprisals from Muslim groups.  The Tribunal accepted that the applicant was pressured by Hindus to give false evidence but rejected his claim to fear harm from Hindus or Muslims.

In the Federal Magistrates Court Barnes FM refused the application. The applicant's complaints went to the merits of the Tribunal's decision and did not disclose jurisdictional error.

The applicant required an extension of time in the Federal Court, which was refused by Graham J.  The application was dismissed.  No special reasons warranting an extension of time were established by the applicant, and the submissions demonstrated no jurisdictional error.

The first respondent has filed an affidavit in this Court indicating that the applicant departed Australia on 6 June 2007.  The utility of this application for special leave to appeal is doubtful, and special leave is refused.  The applicant's draft notice of appeal does not articulate any legal grounds and no jurisdictional error is revealed in the decisions of the courts below.

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 Kiefel J and myself.

AT 9.34 AM THE MATTER WAS CONCLUDED