SZIOG v MIAC & Anor

[2007] HCATrans 679

[2007] HCATrans 679

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S163 of 2007

B e t w e e n -

SZIOG

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 9.39 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant, a citizen of the People's Republic of China, seeks special leave to appeal against the orders of a single judge of the Federal Court of Australia (Bennett J) exercising the appellate jurisdiction of that Court.  By those orders, Bennett J dismissed the applicant's appeal against orders of the Federal Magistrates Court (Smith FM) dismissing an application for review of a decision of the Refugee Review Tribunal under the Migration Act 1958 (Cth). 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 identify any question of law that would warrant the grant of special leave to appeal.  We see no reason to doubt the correctness of the conclusions reached in the courts below, that there was no evidence of bias and no information identified to which s 424A of the Act applied.  The Tribunal's decision turned upon its view of the applicant's credibility.

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 9.40 AM THE MATTER WAS CONCLUDED