SZJCJ v MIAC & Anor

[2007] HCATrans 788

[2007] HCATrans 788

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S159 of 2007

B e t w e e n -

SZJCJ

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 WEDNESDAY, 12 DECEMBER 2007, AT 9.42 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant, a citizen of the Republic of Korea, seeks special leave to appeal against the orders of a single judge of the Federal Court of Australia (Lindgren J) exercising the appellate jurisdiction of that Court.  By those orders, Lindgren 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.  The applicant claimed to fear persecution.  He claimed that his parents were human rights advocates who had been arrested; he had attended many demonstrations; and the police were preparing to prosecute him.  The Tribunal invited the applicant to attend the hearing and provide further information and he failed to do so.  The Tribunal's dismissal was based upon lack of evidence.  The Courts rejected the applicant's claims of denial of procedural fairness.

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 contain no argument directed to the Tribunal's decision.  There is no reason shown to doubt the correctness of the decisions below.  Special leave is refused. 

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 Kiefel J and myself.

AT 9.43 AM THE MATTER WAS CONCLUDED