SZGLA v MIAC & Anor

[2007] HCATrans 817

Replacement Transcript

[2007] HCATrans 817

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S53 of 2007

B e t w e e n -

SZGLA

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 9.20 AM

Copyright in the High Court of Australia

GUMMOW J: The applicant is a citizen of India who claims to fear persecution because of his membership of the DMK party. On 13 April 2005, the Refugee Review Tribunal affirmed the decision of a delegate of the respondent Minister to refuse the applicant's application for a protection visa. The applicant had provided insufficient information for the Tribunal to decide the application in his favour, so he was invited to attend a hearing before the Tribunal. That letter was sent to the applicant's migration adviser, and not to the applicant's residence. Despite subsequent attempts by the Tribunal to contact the applicant and his migration adviser, the applicant did not appear. Pursuant to s 426A of the Migration Act 1958 (Cth), the Tribunal proceeded to make a decision in the absence of the applicant.

An application for judicial review by the Federal Magistrates Court was dismissed by Smith FM on 27 September 2006.  The Tribunal's adverse findings were untainted by jurisdictional error, and the Tribunal did not breach s 425 of the Act as it sufficed for the Tribunal to send the letter of invitation to the applicant's authorised recipient.  An appeal to the Federal Court was dismissed by Tracey J on 12 February 2007.

The application for special leave to appeal does not advance any question of law that would justify the intervention of this Court.  There are no prospects of success on any appeal to this Court.  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 Kiefel J and myself.

AT 9.22 AM THE MATTER WAS CONCLUDED