SZIIG v MIAC & Anor

[2007] HCATrans 681

[2007] HCATrans 681

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S168 of 2007

B e t w e e n -

SZIIG

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 9.42 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant, a citizen of Bangladesh, seeks special leave to appeal against the orders of a single judge of the Federal Court of Australia (Marshall J) exercising the appellate jurisdiction of that Court.  By those orders, Marshall J dismissed the applicant's appeal against orders of the Federal Magistrates Court (Scarlett FM) dismissing an application for review 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. 

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.  There is no reason shown to doubt the correctness of the conclusions reached by the courts below.  The Tribunal's decision was based upon its consideration of the facts.  It had not been shown that the Tribunal had failed to permit the applicant to present evidence.  The Tribunal was not obliged to make independent investigations.  It was not bound to take into account, or refer to in its reasons, the evidence the applicant identified.

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 9.43 AM THE MATTER WAS CONCLUDED