SZGFG v MIAC & Anor

[2007] HCATrans 680

[2007] HCATrans 680

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S167 of 2007

B e t w e e n -

SZGFG

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 THURSDAY, 15 NOVEMBER 2007, AT 9.40 AM

Copyright in the High Court of Australia

GUMMOW J: The applicant, a citizen of the People's Republic of China, seeks special leave to appeal against the orders of a single judge of the Federal Court of Australia (Graham J) exercising the appellate jurisdiction of that Court. By those orders, Graham J dismissed the applicant's appeal against orders of the Federal Magistrates Court (Jarrett FM) dismissing an application brought under s 39B of the Judiciary Act 1903 (Cth) and s 475A of the Migration Act 1958 (Cth) in respect of a decision of the Refugee Review Tribunal. The Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.

Because the applicant is unrepresented, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

The applicant's written submissions do not advance any question of law that would justify a grant of special leave to appeal. The Tribunal was entitled, having invited the applicant to give oral evidence and receiving no response, to proceed to determine the application in the applicant's absence pursuant to s 426A of the Migration Act 1958 (Cth). The Tribunal's decision turned on the paucity of evidence before it, which was such that it could not reach the requisite state of satisfaction that the applicant was owed protection obligations. There is no reason to doubt the correctness of the conclusions reached in the courts below.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. I publish the disposition signed by Justice Kiefel and myself.

AT 9.42 AM THE MATTER WAS CONCLUDED