SZGVJ v MIMA & Anor

[2006] HCATrans 704

[2006] HCATrans 704

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S180 of 2006

B e t w e e n -

SZGVJ

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL 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 THURSDAY, 14 DECEMBER 2006, AT 9.29 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant, a citizen of Pakistan, seeks special leave to appeal against orders of a single judge of the Federal Court of Australia (Ryan J) made in the exercise of the appellate jurisdiction of that Court. By those orders, Ryan J dismissed the applicant’s appeal against orders of the Federal Magistrates Court (Smith FM) dismissing an application for relief under s 39B of the Judiciary Act 1903 (Cth) directed to the Refugee Review Tribunal in respect of the Tribunal’s decision affirming the refusal by a delegate of the Minister to grant the applicant a protection visa.

The central complaint of the applicant was that because his migration agent had not told him of the Tribunal’s invitation to appear before the Tribunal to give evidence and present arguments relating to the issues arising in relation to the decision under review he had not had a sufficient opportunity to present his case.  Consistent with the decision of the Full Court of the Federal Court in VNAA v Minister for Immigration and Multicultural and Indigenous Affairs ((2004) 136 FCR 407), Ryan J concluded that there had been no failure to accord procedural fairness and no other jurisdictional error.

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

We see no reason to doubt the correctness of the decision of Ryan J.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. I publish that disposition.

AT 9.31 AM THE MATTER WAS CONCLUDED