SZILT v MIMA & Anor

[2007] HCATrans 375

[2007] HCATrans 375

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S445 of 2006

B e t w e e n -

SZILT

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

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 2 AUGUST 2007, AT 9.29 AM

Copyright in the High Court of Australia

GUMMOW J: The applicant is a citizen of India who sought a protection visa on the basis of his involvement with the Muslim political party MIM, and his fear of harassment by Hindu parties in his home area. He did not attend a hearing of The Refugee Review Tribunal ("the Tribunal"). In reliance on s 426 of the Migration Act 1958 (Cth) ("the Act"), the Tribunal refused the applicant's visa application in his absence, finding that there was insufficient evidence to form a case for a protection visa.

In the Federal Magistrates Court, Smith FM found that there was no arguable case for the relief the applicant claimed, and dismissed the application summarily.  In the Federal Court the applicant was refused an extension of time and leave to appeal by Madgwick J, who held that there was no reason to doubt the correctness of the Federal Magistrates Court.

The applicant's case before this Court discloses no jurisdictional error on the part of the Tribunal, or the Federal Court.  No satisfactory explanation has been given for his absence from the Tribunal hearing or the delay in appealing the decision of Smith FM.  There is no prospect of success in this Court, and special leave should be refused.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave and I publish the disposition signed by Justice Heydon and myself.

AT 9.31 AM THE MATTER WAS CONCLUDED