SZHNE v MIMIA & Anor

[2006] HCATrans 711

[2006] HCATrans 711

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S198 of 2006

B e t w e e n -

SZHNE

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS 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 9.38 AM

Copyright in the High Court of Australia

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

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

In the Federal Court, Cowdroy J held that, contrary to the applicant’s submissions, there was no evidence that the Tribunal was biased and that the applicant had demonstrated no error of law by the Tribunal.

There is no reason to doubt the correctness of the conclusions reached by Cowdroy 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 9.39 AM THE MATTER WAS CONCLUDED