SZJIP v MIAC & Anor

[2008] HCATrans 23

[2008] HCATrans 023

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S269 of 2007

B e t w e e n -

SZJIP

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, 6 FEBRUARY 2008, AT 9.40 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of Pakistan.  On 22 May 2006 a delegate of the first respondent refused his application for a protection visa.   The applicant claimed to be a member of the Pakistan People's Party and to have been victimised by the police.  He was invited to attend a hearing before the Refugee Review Tribunal ("the Tribunal") to give oral evidence, but did not attend.  The Tribunal concluded that it could not be satisfied that the applicant was owed protection obligations and rejected the application.

On 19 February 2007 Emmett FM dismissed the application for review of the Tribunal's decision. Her Honour was satisfied that the invitation issued to the applicant to attend the hearing before the Tribunal complied with the Migration Regulations (Cth), and the Tribunal was entitled to exercise its discretion to proceed pursuant to s 426A of the Migration Act 1958 (Cth).

Edmonds J dismissed the applicant's appeal to the Federal Court on 11 May 2007.  His Honour noted that the applicant did not attend the hearing in the Federal Court.  The Tribunal had reached a decision that was reasonably open to it, and that decision was not affected by jurisdictional error.

In the draft notice of appeal the applicant does not advance any questions of law that would justify a grant of special leave to appeal.  The Tribunal was entitled to make its decision without taking further steps to enable the applicant to appear before it.  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 for special leave.  I publish the disposition signed by Kiefel J and myself.

AT 9.41 AM THE MATTER WAS CONCLUDED