SZIFR v MIAC

[2007] HCATrans 675

[2007] HCATrans 675

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S97 of 2007

B e t w e e n -

SZIFR

Applicant

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

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 9.34 AM

Copyright in the High Court of Australia

GUMMOW J: The applicant, who claimed to be a citizen of Sri Lanka, seeks special leave to appeal against the orders of a single judge of the Federal Court of Australia (Buchanan J) exercising the appellate jurisdiction of that Court. By those orders, Buchanan J refused an extension of time for an appeal by the applicant against orders of the Federal Magistrates Court (Barnes FM) dismissing an application for relief under s 39B of the Judiciary Act 1903 (Cth), in respect of a 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.

Barnes FM held that the Tribunal was entitled to proceed to make its decision in the absence of the applicant pursuant to s 426A of the Migration Act 1958 (Cth). He had not been denied an opportunity to present his evidence.

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.  No error is identified in the approach of Barnes FM.  There is no reason to doubt the correctness of the Federal Court's decision to refuse an extension of time on the ground that any appeal would be futile.

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 9.35 AM THE MATTER WAS CONCLUDED