SZIWH v Minister for Immigration and Citizenship

[2008] HCASL 109

SZIWH
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 109
S402/2007

1. The applicant, a citizen of India, seeks special leave to appeal against the orders of a single judge of the Federal Court of Australia (Lindgren J) dismissing the applicant's appeal against orders of the Federal Magistrates Court.  By those orders, Lloyd-Jones FM dismissed an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") affirming the decision of the Minister's delegate not to grant the applicant a Protection (Class XA) visa.

2. The Tribunal had invited the applicant to attend the hearing of his application but he consented to the hearing of the application in his absence.  The applicant appeared before the Federal Magistrate with a Punjabi interpreter.  The Federal Magistrate was satisfied that the applicant had been given a chance to advance his claims before the Tribunal.  The applicant again represented himself before Lindgren J to whom he confirmed that he had received the invitation to attend before the Tribunal and had advised the Tribunal that he did not wish to do so.

3. We see no reason to doubt the correctness of the conclusions reached in the courts below.

4. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

K.M. Hayne
27 March 2008 S.M. Crennan