WADU v MIMIA

[2004] HCATrans 459

[2004] HCATrans 459

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Perth  No P95 of 2003

B e t w e e n -

WADU

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

McHUGH J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

FROM PERTH BY VIDEO LINK TO CANBERRA

ON FRIDAY, 12 NOVEMBER 2004, AT 2.48 PM

Copyright in the High Court of Australia

MS L.B. PRICE:   May it please, your Honours, I appear for the respondent.  I understand there is no appearance for the applicant in this matter.  (instructed by Blake Dawson Waldron)

McHUGH J:   Yes, this matter is to be dealt with on the papers.  The Court is now in a position to give its reasons. 

This is an application for special leave to appeal from a decision of Justice Nicholson, dismissing an appeal from a federal magistrate who dismissed an application for judicial review of a decision of the Refugee Review Tribunal.  The applicant has been refused a protection visa and he has no legal representation in this Court.  The applicant has prepared his own application.  It states no special leave questions, nor have we been able to identify any in the material that is before the Court.  Accordingly, the application must be dismissed. 

The Tribunal’s decision rested on a key finding that the applicant lacked credibility and that many aspects of his story and evidence were implausible.  Accordingly, since the application raises no special leave question, the application must be refused.  The applicant is in detention, but there is no other reason to refuse the Minister’s request for the usual order as to costs.  Accordingly, the application is dismissed with costs. 

The Court will now adjourn to reconstitute. 

AT 2.50 PM THE MATTER WAS CONCLUDED