SZGST v MIAC & Anor

[2007] HCATrans 678

[2007] HCATrans 678

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S162 of 2007

B e t w e e n -

SZGST

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 9.38 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 (Downes J) exercising the appellate jurisdiction of that Court.  By those orders, Downes J dismissed the applicant's appeal against orders of the Federal Magistrates Court (Emmett FM) dismissing an application for review of the 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 discharged its obligation to notify the applicant of the hearing and was thereafter entitled to proceed to determine the application in the applicant's absence pursuant to s 426A of the Migration Act 1958 (Cth). The applicant has not sought to identify any error in the judgment of the Federal Court, nor is any such error apparent.

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 9.39 AM THE MATTER WAS CONCLUDED