SZIBA v MIMA & Anor

Case

[2007] HCATrans 457

29 August 2007

No judgment structure available for this case.

[2007] HCATrans 457

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S416 of 2006

B e t w e e n -

SZIBA

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 WEDNESDAY, 29 AUGUST 2007, AT 9.29 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant, a citizen of The People's Republic of China, applied for a protection visa.  His application was refused by a delegate of the Minister.  His application for review of that refusal by the Refugee Review Tribunal failed.  Although invited to appear before the Tribunal the applicant did not.

The applicant sought relief under s 39B of the Judiciary Act 1903 (Cth) in the Federal Magistrates Court but that Court (Smith FM) dismissed his claim. His appeal to the Federal Court of Australia against the orders of the Federal Magistrates Court was dismissed by Emmett J.

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

The applicant points to no arguable error in the decision of Emmett J.  We see no reason to doubt the correctness of the decision.

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 9.30 AM THE MATTER WAS CONCLUDED

Areas of Law

  • Administrative Law

  • Immigration

Legal Concepts

  • Judicial Review

  • Natural Justice

  • Procedural Fairness

  • Standing

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