WACX v MIMIA [2004] HCATrans 433 (28 October 2004)

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WACX v MIMIA [2004] HCATrans 433 (28 October 2004)

Last Updated: 5 November 2004

[2004] HCATrans 433

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Perth No P14 of 2003

B e t w e e n -

WACX

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

HAYNE J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT PERTH ON THURSDAY, 28 OCTOBER 2004, AT 10.07 AM

Copyright in the High Court of Australia

HAYNE J: This matter is to be dealt with on the papers. It is unnecessary to record the course of the proceedings below. The application for special leave to appeal to this Court alleges that the Tribunal failed to take into account “information of a Human Rights Watch World Report 1999 and other independent evidence as United States Country Report on Human Rights Practices for 1999 on the subject of harassment and disappearance and killings and executions of imputed or anti-government political profile”. This, the applicant would seek to contend, constitutes a jurisdictional error of the kind identified in Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323. While it is true that the Tribunal in its reasons does not refer to the report relied on by the applicant, the failure to do so does not constitute jurisdictional error.

The applicant being unrepresented and the matter having taken the course it did in the courts below, we have for ourselves examined the Tribunal’s decision and the various arguments which the applicant has sought to make both in this Court and in the courts below. We are not persuaded that it is arguable that any ground attracting relief under section 39B of the Judiciary Act was made out. That being so, the application for special leave to appeal must be refused and refused with costs.

Adjourn the Court to Tuesday, 9 November 2004 at 10.15 in Canberra.

AT 10.10 AM THE MATTER WAS CONCLUDED